HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3036 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.111 of 2019, under Sections 302, 201, 120-B I.P.C., P.S. Tarabganj, District Gonda. 3. In the F.I.R. it is alleged that brother of the informant used to live on a Dhavali and on 07.05.2019 at about 10:00 pm he met his brother when he went to give him meal. It is alleged that at about 09:00 am when he went to give meal, he found his brother missing. It is further alleged that he could not be contacted on his mobile. It is alleged that suspicion has been raised that Bharat Singh, the present applicant and three others have murdered him due to old enmity. 4. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated. He submits that P.W.1, the complainant, has been declared hostile. P.W.2 who was the eye witness has also been declared hostile. It is submitted on behalf of the applicant that all the witnesses of prosecution have been examined before the trial court, there is no chance of tampering the evidence. He submits that applicant has explained the criminal history in supplementary affidavit. The applicant is languishing in jail since 19.07.2021. Versus Counsel for Applicant(s) : Vivek Kumar Pandey, Rekha Srivastva Counsel for Opposite Party(s) : G.A. Bharat Singh .....Applicant(s) State Of U.P.Thru. Prin.Secy. Deptt. Of Home Lko .....Opposite Party(s) 5. Learned A.G.A. has opposed the bail prayer and has submitted that there are eight ante mortem injuries on the body of the deceased and cause of death is hemorrhage and shock due to ante mortem injury. 6. Perused the record. 7. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 19.07.2021, P.W.2 who is the eye witness has been declared hostile, the witnesses of prosecution have been examined before the trial court, there appears to be no chance of tampering the evidence, applicant has explained the criminal history in supplementary affidavit and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Bharat Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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. 3036 of 2024 2 without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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 of the Indian Panel Code (now Section 209 BNS). August 28, 2025 Saurabh Yadav/- BAIL No. 3036 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench