Neutral Citation No. - 2025:AHC-LKO:2052 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 254 of 2025 Applicant :- Chote Lal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No.343 of 2024, under sections 105, 115(2) BNS, P.S.- Pisawan, District- Sitapur. 3. The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that the allegation against the applicants including the other co-accused persons that they had beaten the deceased and during the scuffle, he (deceased) fell down in the well and he died due to drowning. He added that there was no intention or any knowledge that the deceased would succumb to death. He further submits that the charge-sheet has been filed and the applicants have no previous criminal history and they are languishing in jail since 25.09.2024 and he undertakes that in case, they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. 4. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicants were involved in committing offence and as such, they are not entitled for any relief. 5. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the cause of death as shown in the post mortem report is due to drowning; the present applicants are languishing in jail since 25.09.2024; prima facie, there is no cogent piece of evidence against the applicants so as to connect them with the offence coupled with as knowledge and intention are missing the fact that the applicants have undertaken that in case, they are granted bail, they will not misuse the liberty of same and would cooperate in the trial proceedings. 6. 6. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 7. Let the applicants- Chote Lal and Sunil involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their/his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) The applicants 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 313 Cr.P.C.; and (4) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A of the Indian Penal Code. 8. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. 9. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. [Shree Prakash Singh,J.] Order Date :- 10.1.2025 Mohd. Sharif/KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench