HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1206 of 2024 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 21.3.2023 at about 08.00 am, the informant's niece Mujibul @ Vistuiya aged about 8 years along with his daughter Jafrun aged about 10 years and his son Ful Babu aged about 3 years went towards southern filed of village. The accused Neeraj, who was having sharp edged sickle in his hand, caught the informant's niece and started inflicting blows from sickle with intent to kill her. The said Jafrun ran towards the village raising alarm. It was seen that the accused-applicant is badly beating the said Mujibul. She was almost dead and thereafter, she was taken by 108 Ambulance. Learned counsel for the applicant submits that the applicant is innocent. The eye-witness Jafrul has been examined before the trial court as PW-4 who has turned hostile. Other prosecution witnesses i.e., PW-1, PW-2 and PW-3 have also been declared hostile by the trial court. It is further submitted that the applicant has no prior criminal history and he is languishing in jail since 22.03.2023 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 Versus Counsel for Applicant(s) : Brij Mohan Sahai, Amar Singh Counsel for Opposite Party(s) : G.A. Neeraj Awasthi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. .....Opposite Party(s) liberty of bail. Learned A.G.A. has opposed the prayer for bail of the applicant and submitted that there is a recovery of sickle from the pointing out of the applicant. The offence is heinous in nature. On due consideration to the submissions advanced, perusal of the record so also the fact that as per the post-mortem report, the deceased suffered four incised wounds and the cause of death is shock and haemorrhage as a result of ante-mortem injuries; four prosecution witnesses including the PW-4, who is the eye-witness, have not supported the prosecution case; 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 22.03.2023 as well as the judgement of the Apex Court in Javed Gulam Nabi Shaikh vs. State of Maharashtra, 2024 SCC OnLine SC 1693 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- Neeraj Awasthi involved in Case Crime No. 137 of 2023, under Sections 302, 326 IPC, Police Station- Itiyathok, District- Gonda, 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 BAIL No. 1206 of 2024 2 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 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 16, 2025 Shravan BAIL No. 1206 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench