HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 729 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 9.7.2023, there was a quarrel between the parents of the informant. On 10.7.2023, again the quarrel erupted between the two and out of anger, the father of the informant i.e., the applicant attacked with the baka on the neck of the informant's mother. Due to that, she died on the spot. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The two eye-witnesses have been examined before the trial court as PW-1 and PW-2. The PW-1 has not supported the prosecution case during trial. The PW-2 has outrightly denied the prosecution case and he has been declared hostile. Thus, there is no chance of tampering the prosecution evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 12.7.2023. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Uttam Kumar Verma, Manish Kumar Rajput Counsel for Opposite Party(s) : G.A. Chandu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that as per the post-mortem report, the cause of death is shock and haemorrhage due to ante-mortem injuries; the two-eyewitnesses i.e., PW-1 and PW-2, who are the sons of the deceased, have been examined before the trial court; the PW-1 has not supported the prosecution case; the PW-2 has been declared hostile by the trial court; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 12.7.2023 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Chandu involved in Case Crime No. 236 of 2023, under Section 302 I.P.C., Police Station- Tambaur, District- Sitapur, 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 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, BAIL No. 729 of 2025 2 without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. September 8, 2025 Shravan BAIL No. 729 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench