Neutral Citation No. - 2025:AHC-LKO:47141 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 192 of 2025 Applicant :- Gulzari Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Rehan Ahmad Siddiqui,Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 503 of 2024 , under Sections 105, 238 B.N.S, registered at Police Station Maholi, District Sitapur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.10.2024 against three persons- (i) Gulzari (the applicant) (ii) Indrapal and (iii) Parasuram, stating that the dead body of the informant's brother Mihilal was found in the sugarcane field of Rampal and upon inquiry, the informant came to know that his brother died due to electrocution from the live wires put by co-accused Gulzari around his field. Indrapal, his son of Gulzari and Parasuram had put the dead body in the sugarcane field of Rampal. 4. The inquest report mentions that the dead body was found lying in the sugarcane filed of Rampal. 5. The post mortem examination report of the deceased mentions the cause of death to be shock due to electrocution. 6. The police has arrested three named person and in their custodial statements they have confessed their involvement in commission of the offence. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 8. Co-accused Parasuram and Indrapal have already been granted bail by means of an orders dated 16.05.2025 & 22.05.2025 passed by this Court in Crl. Misc. Bail Application Nos.4228 of 2025 & 4462 of 2025 respectively. 9. The learned A.G.A has opposed the bail application and he has submitted that all the accused persons have confessed about their involvement in commission of the offence. He has further stated that some independent witnesses have also stated that they have heard that the applicant was involved in shifting the dead body from the place of occurrence. The allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 04.11.2024. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the dead boy was found in the sugarcane field of Rampal and he has not been made an accused; that although informant has stated that upon making inquiries he came to know that the applicant and co- accused Parasuram had shifted the dead body from the field of Gulzari to the Sugarcane filed of Rampal, has not revealed the source of this information and that besides the custodial confessional statements there appears to be no cogent evidence to established involvement of the applicant in commission of the offence; that the applicant has no criminal history and he is languishing in jail since 02.10.2024 whereas the investigation already stands concluded and that a co-accused has already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Gulzari be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he 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. (v) 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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). Order Date :- 12.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench