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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31116 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard Sri Ajay Pratap Singh, learned counsel for the applicant, Sri Akhilesh Kumar, Advocate, holding brief of Sri Ankit Mishra, learned counsel for the first informant, Sri Virendra Kumar, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Tarachand Pradhan, seeking enlargement on bail in Case Crime No. 198 of 2025, under Sections 191 (2), 105, 351 (4) BNS, Police Station Farah, District Mathura. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 22.5.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that the incident took place on 18.05.2025 and its FIR was lodged on 19.05.2025 without giving any explanation for delay in lodging the FIR. The FIR was lodged after registration of event No. P18052531968. It is a case of road accident, which has occurred on 18.05.2025, in which, the son of informant namely Tilak Singh died on the spot and Vinod was seriously injured. As per the post mortem report, the deceased had sustained seven antemortem injuries and the cause of death was reported due to ante mortem injuries. There is no evidence against the applicant which prove the allegation against the applicant. After completing investigation, the Investigating Officer has Versus Counsel for Applicant(s) : Ajay Pratap Singh, Brijesh Kumar Patel Counsel for Opposite Party(s) : Ankit Mishra, G.A. Tarachand Pradhan .....Applicant(s) State of U.P. .....Opposite Party(s)
submitted charge sheet against the applicant without any cogent evidence. The applicant has no motive or intention to commit murder of the deceased nor any specific allegation either by the informant or the witnesses against the applicant, therefore, the prosecution story is totally false and concocted. In order to substantiate his submission, he has placed reliance upon the decision of Hon'ble Supreme Court in case of Allarakha Habib Memon ETC versus State of Gujarat, reported in 2024 INSC 590. The present criminal proceeding is malicious and an abuse of the process of law.
Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Tarachand Pradhan involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 22, 2025 v.k.updh. BAIL No. 31116 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad