HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1919 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard Ms. Jaya Pandey, learned counsel for the applicant, learned AGA for the State, Shri Pramendra Kumar, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the son of the informant namely, Shankhdeep used to work at IIM crossing. On 1/2.8.2024 in the night at 12 o'clock, the real brother of the informant i.e., the applicant and his son Vaibhav Tiwari along with unknown persons had taken away the son of the informant in the vehicle and in an orchard situated at Village- Devipur, PS- Atariya, District- Sitapur, they have committed the murder by beating him on his head by bricks and the dead body has been thrown in the canal. Learned counsel for the applicant submits that the applicant is the father and the other accused persons are his sons. The entire family members have been implicated in the present case. It is submitted that the case is of circumstantial evidence. There is no evidence against the applicant at all, except the confessional statement of the co-accused. It is next submitted that the co-accused Vaibhav Tiwari has already been granted bail by a coordinate bench of this Court vide order dated 31.1.2025 passed in Criminal Misc. Bail Application No. 12598 of 2024. Hence, the present applicant claims parity. It is further submitted that the applicant has explained his criminal history in Versus Counsel for Applicant(s) : Digvijay Nath Dubey, Jaya Pandey Counsel for Opposite Party(s) : G.A., Pramendra Kumar, Shyamji Dixit Mukteshwar Tiwari @ Munnau .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) para no. 20 of the bail application and he is languishing in jail since 11.8.2024. 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. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant. On due consideration to the submissions advanced, perusal of the record, the bail order of the co-accused Vaibhav Tiwari so also the fact that the case is of circumstantial evidence; prima facie, the chain of circumstance appears to be incomplete; the applicant has explained the criminal history; he is languishing in jail since 11.8.2024 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 on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Mukteshwar Tiwari @ Munnau involved in Case Crime No. 219 of 2024, under Sections 103(1), 190 of B.N.S., Police Station- Atariya, 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. BAIL No. 1919 of 2025 2 (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. August 29, 2025 Shravan BAIL No. 1919 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench