HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31150 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Case has been listed today in the supplementary fresh list. Case is called out in the revised list, learned counsel for the applicant is present, however Sri Jagdish Singh, learned counsel for the first informant is not present. The matter was fixed for today vide order dated 18.09.2025 on the joint request of the learned counsel for the parties. The order dated 18.09.2025 reflects that knowledge of the listing of the present case is very much aware to learned counsel for the first informant. Heard Shri Amresh Tripathi, learned counsel for the applicants, Shri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Vikas Chauhan and Sandeep Gupta, seeking enlargement on bail in Case Crime No.252 of 2025, under Sections 105, 238, 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Tarkulawa, District Deoria during the Versus Counsel for Applicant(s) : Amresh Tripathi Counsel for Opposite Party(s) : Ankur Vishwakarma, G.A., Jagdish Singh, Tanzila Parveen Vikas Chauhan And Another .....Applicant(s) State of U.P. .....Opposite Party(s) pendency of the trial before the Court below. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 11.07.2025. Learned counsel for the applicant submits that there is no credible evidence against the applicant. Referring the statement of the informant, learned counsel for the applicant submits that the role of Ankit and Punya Prakash Mani is also suspicious as accused had accompanied them during going to Padrauna and coming back to Deoria from there by the Car both have stated that some persons abducted the deceased, but neither they have informed the police through mobile phone nor did they made hue and cry or tell anyone about the said incident. It is further submitted that the applicants have been falsely implicated as an afterthought. He further submitted that as per post-mortem report, there is no external or internal injury found on the person of the deceased and cause of death of the deceased has opined by the doctor is Asphyxia due to ante-mortem drowning. It is further submitted that the F.I.R. was lodged after a delay of one day from the date of incident and no plausible explanation has been given. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicants- Vikas Chauhan and Sandeep Gupta , involved in above mentioned case crime number be released on bail, on their 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: BAIL No. 31150 of 2025 2 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. September 23, 2025 Sanjeet BAIL No. 31150 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad