HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1652 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 the informant's brother Ram Gopal had gone to see the idol immersion on 13.10.2024. The named accused persons and four unknown persons were sitting in front of Abdul Hamid's house. They caught the said Ram Gopal and dragged him into the house and shot him and also attacked him with a sword several times, due to which he died on the spot. Learned counsel for the applicant submits that the applicant is innocent. He is not named in the FIR. The complainant and his brother in the statement under Section 180 BNSS has not taken the name of the applicant. Although the independent witnesses namely, Keshav Ram Shukla, Ram Shankar Gupta @ Pallu and Ram Gopal Giri have named the applicant in their statement, yet they have not been examined by the prosecution during trial. The only allegation against the applicant by the independent witnesses is that being a Village Pradhan, he is trying to save the culprits. It is submitted that four witnesses of fact i.e., PW-2, PW- 3, PW-4 and PW-5 have been examined before the trial court and they have not taken the name of the applicant. The PW-3 in his cross- examination has stated that he was not present at the time of incident. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Bal Krishna Shukla Mohd. Afjal @ Kallu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) Now, the formal witnesses have to be examined before the trial court. Thus, there is no chance of tampering the prosecution evidence. It is further submitted that the applicant has explained the criminal history of 3 cases in para no. 16 of the rejoinder affidavit and he is languishing in jail since 18.10.2024. 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. 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 the independent witnesses namely, Keshav Ram Shukla, Ram Shankar Gupta @ Pallu and Ram Gopal Giri, who have taken the name of the applicant in their statement, have not been examined by the prosecution during trial; all the fact witnesses have been examined before the trial court; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has duly explained the criminal history; he is languishing in jail since 18.10.2024 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- Mohd. Afjal @ Kallu involved in Case Crime No. 369 of 2024, under Sections 191(2), 191(3), 190, 103(2), 249, 61(2) of B.N.S., Police Station- Hardi, District- Bahraich, 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 BAIL No. 1652 of 2025 2 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 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 17, 2025 Shravan BAIL No. 1652 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench