HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 477 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.360 of 2024, under Sections 323, 504, 506, 304 I.P.C., P.S. Akbarpur, District Ambedkar Nagar. 3. In the prosecution case it is alleged that accused while hurling abuses to the informant and his wife has badly beaten them by kicks, fists, lathi and danda and has threatened to kill them. Both have suffered grievous injuries. 4. Learned counsel for the applicant submits that although in the F.I.R. grievous injury is said to have been suffered by the wife of the deceased however, no injury report of the injured wife has been collected by the Investigating Officer. The deceased died as a result of cardiac arrest due to septic shock as a result of ante mortem injuries. The deceased suffered four ante mortem injuries. He submits that injured witness namely, Sarvari Begum has not supported the prosecution case when examined before the trial court and has been declared hostile. The entire prosecution case rest upon the testimony of the injured witness Sarvari Begum who according to the F.I.R. has suffered grievous injury however, she has not subjected to medico legal examination. He submits that the applicant is in jail since 10.10.2024. Versus Counsel for Applicant(s) : Santosh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Mohd. Nazim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 5. Learned A.G.A. has opposed the bail prayer and submits that there are other eye witnesses also. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 10.10.2024, applicant has explained the criminal history in para 22 of the bail application, statement of P.W.1 so also the fact that injured wife of the deceased has not been medically examined and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Mohd. Nazim be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with 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 BAIL No. 477 of 2025 2 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). August 28, 2025 Saurabh Yadav/- BAIL No. 477 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench