Neutral Citation No. - 2025:AHC-LKO:11493 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1682 of 2025 Applicant :- Murari Rwat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek Awasthi,Ram Saran Awasthi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ram Saran Awasthi, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 17.06.2024 in Case Crime No. 0134 of 2024 under Section 304 IPC, Police Station Patranga, District Ayodhya. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards impugned FIR wherein the sole allegation has been levelled against the present application. The present applicant is a real elder brother of the deceased. The informant is the wife of another younger brother of the deceased. As per prosecution story on account of some trivial dispute, the fight started between two brothers and on the blow/assault of the present applicant, his younger brother Ram Swaroop Rawat died. On the pointing out of the present applicant the weapon used to commit the crime i.e. 'Kudal Bet' has been recovered. Attention has been drawn towards statement of the mother of the deceased, who is also mother of the applicant, she narrated the same story. Further attention has been drawn towards Annexure-7 which is a examination and cross examination of informant as PW-1, who turned hostile as she did not support the prosecution version. Learned counsel for applicant has stated that when the informant has turned hostile, the benefit thereof may be given to the present applicant enlarging him on bail. The present applicant is having no prior criminal history of any kind whatsoever. Charge-sheet has been filed. 4. Learned counsel for the applicant undertakes on behalf of applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings. 5. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is a real elder brother of the deceased, the informant is the wife of another younger brother of the deceased; Annexure-7 which is a examination and cross examination of informant as PW-1, who turned hostile as she did not support the prosecution version; the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Murari Rwat) be released on bail in the aforesaid case crime number 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:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and 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. (ii) 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 IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure him presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (iv) The applicant 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./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 24.2.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench