Neutral Citation No. - 2025:AHC-LKO:38962 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3016 of 2025 Applicant :- Anil Kumar Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A.,Ram Jeet Dubey,Sharad Nandan Ojha Hon'ble Karunesh Singh Pawar,J. This is the second bail application. First bail application was dismissed as not pressed by coordinate Bench of this Court vide order dated 24.3.2025. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in F.I.R. No.03 of 2025 under Sections 325, 326(g) BNS, Police Station Haiderganj, District Ayodhya (Faizabad). In the prosecution case it is alleged that on 16-01-2025 at around 11:30 p.m. a fire broke out in the complainant's haystack (bhusola). When the complainant woke up due to the fire, he saw Anil Kumar Pathak, the applicant, standing nearby. Family members of the complainant were trying to extinguish the fire and save animals. Despite their efforts, a hut, a bhusola, and iron bars were destroyed by fire. Also Deshdeepak's thatch (chappar) was also burnt down. The villagers helped extinguish the fire. In the incident one buffalo, one cow as well as one calf of the complainant have been badly injured. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has explained his criminal history, which consists of only one case involving a trivial offence. The applicant is in jail since 18.01.2025, and the charge-sheet has already been filed. It is also submitted that the applicant undertakes to fully cooperate with the trial proceedings and shall not misuse the liberty, if granted. Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the bail prayer. Learned counsel for the complainant has contended that the applicant had deliberately committed the alleged offence, which is evident from a status posted by him on WhatsApp. It is further submitted that the incident resulted in the death of a cow due to third-degree burn injuries caused by the fire. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the submissions advanced by the parties, the gravity of the offence, the period of incarceration already undergone by the applicant, the fact that the charge-sheet has been filed, and the applicant's undertaking to cooperate with the trial, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Anil Kumar Pathak be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code (now Section 269 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 Penal Code (now Section 209 BNS). Order Date :- 9.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench