CRIMINAL MISC. BAIL APPLICATION No. 28075 of 2025 · Allahabad High Court

HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Amit Kumar Asthana, learned counsel for the applicant, Shri Purshuttom Maurya, 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-applicant, Mangal @ Sunil Kumar, seeking enlargement on bail in Case Crime No. 134 of 2024, under Sections 302, 323, 504 IPC, Police Station Rani Ki Sarai, District Azamgarh during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 17.5.2024. Learned counsel for the applicant submits that FIR has been lodged with general allegation. No specific role has been assigned to the applicant. In the FIR as well as in the statement recorded under Section 161 Cr.P.C., first informant Subham said that at the time of incident, he was present on the spot. However, eye witnesses, namely, Aditya Kumar, Subhash, Jitendra Kumar, Arun Kumar, in their statement said, that first informant was not present on the spot at the time of occurrence. On the information, first informant received on the spot. Learned counsel for the applicant submits that from the perusal of the statements of eye witnesses, presence of the first informant at the place of occurrence is highly doubtful. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in 2 BAIL No. 28075 of 2025 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-applicant, Mangal @ Sunil Kumar, 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: