Neutral Citation No. - 2025:AHC:114302 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37811 of 2024 Applicant :- Awdhesh @ Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey,Dharmendra Kumar Patel Counsel for Opposite Party :- G.A.,Satyam Singh Hon'ble Ashutosh Srivastava,J. Heard Sri Chandra Prakash Pandey, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State- Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Awdhesh @ Tinku, seeking enlargement on bail in Case Crime No. 204 of 2015, under Sections 302, 394, 412 & 120-B I.P.C., Police Station Vishungarh, District Kannauj. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that in the aforesaid case, the applicant was granted bail by the High Court on 11.01.2018. Learned counsel for the applicant submits that in the year 2020 the applicant received met with a road accident. Moreover, the mother of the applicant fell ill seriously and consequently she died in the month of May, 2024 as such he could not appear before the Trial Court on several dates. Thereafter, on 23.09.2024 the Trial Court rejected the bail earlier granted to the applicant. Learned counsel for the applicant submits that the applicant is languishing in jail since 02.08.2024 and there is no likelihood of his 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 of bail, but could not dispute the aforesaid fact. He submits that the accused- applicant failed to appear after 2020 before the Trial Court even on a single date after release on bail as such he may not be granted any indulgence by this Court. Considering all those 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, Awdhesh @ Tinku, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 15.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad