Neutral Citation No. - 2025:AHC-LKO:583 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18 of 2025 Applicant :- Satyapal @ Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Raghvendra Singh, learned counsel for the applicant and Sri Nikhil Singh, learned A.G.A.-I for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 30.9.2024 in Case Crime No. 488 of 2024 u/s 105 BNS, P.S. Maholi, District Sitapur.It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards impugned F.I.R. wherein on the basis of suspicion the allegation has been levelled against three accused persons including the present applicant inasmuch as there is no independent witness, eye witnesses or last seen evidence. Further attention has been drawn towards Annexure no. 4 which is a statement of nephew of deceased recorded during investigation which is a part of the case diary wherein it has been indicated that his uncle (deceased) was habitual drunkard and on the day of incident he consumed heavy liquor and fell down near the pond of the village. After seeing his condition his wife (informant) and children left him at the place and in the morning he was found dead. The injuries as per antemortem report are not severe as he sustained contusions and as per postmortem report the cause of death is shock and hemorrhage due to antemortem injuries. The present applicant was having no intention or motive to cause injury to the victim (deceased). Investigation is going on in the case. 4. The learned counsel for the applicant has submitted that the co-accused Jai Karan has been granted bail on 25.11.2024 in Criminal Misc. Bail Application No. 12256 of 2024. He has also given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail and submitted that during investigation one bamboo-cane was recovered on the pointing out of the present applicant though he has stated that the statement of the nephew of the deceased may be tested during the course of the trial. 6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that there is no independent witness, eye witnesses or last seen evidence, statement of nephew of deceased recorded during investigation indicates that his uncle (deceased) was habitual drunkard and on the day of incident he consumed heavy liquor and fell down near the pond of the village, after seeing his condition his wife (informant) and children left him at the place and in the morning he was found dead, the injuries as per antemortem report are not severe as he sustained contusions and as per postmortem report the cause of death is shock and hemorrhage due to antemortem injuries, the present applicant was having no intention or motive to cause injury to the victim (deceased), the co-accused Jai Karan has been granted bail on 25.11.2024 in Criminal Misc. Bail Application No. 12256 of 2024, investigation is going on in the case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicant Satyapal @ Pal, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 6.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench