HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3194 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record. It is alleged in the prosecution case that the named accused persons with a common intention have while hurling abuses beaten the husband of the informant with lathi and danda. He was taken to C.H.C., Colonelganj for treatment where her husband was declared dead. Learned counsel submits that cause of death is hemorrhage and shock due to ante mortem injuries. The deceased suffered three ante mortem injuries in the shape of contusion, abraded contusion and contusion swelling. It is submitted that the independent witness has assigned specific role of causing injuries to the deceased on Ankit. However, rest of the prosecution witnesses have assigned general role to the accused applicant along with the co-accused persons. The complainant P.W.1 has been examined before the trial court where she has been declared hostile. The applicants are in jail since 10.2.2025. It is further submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the Versus Counsel for Applicant(s) : Diwakar Pratap Pandey, Shyam Prakash Awasthi Counsel for Opposite Party(s) : G.A. Rakesh Kumar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) aforesaid facts as argued by the learned counsel for the applicants. Considering the facts and circumstances of the case, and also considering the nature of allegations, P.W.1 complainant has been declared hostile, during investigation, independent witness has assigned specific role to the co-accused Ankit and rest of the prosecution witnesses have assigned general role to all the accused persons, arguments advanced by learned counsel for the parties, for the period for which they are in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. Let the applicants Rakesh Kumar and Pradeep Nishad, be released on bail in case crime No.39 of 2025 under sections 191(2), 105, 352 BNS, P.S. Colonelganj, district Gonda, on their each 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A I.P.C (now 269 BNS). (vi) In case the applicants misuse the liberty of bail during trial and in BAIL No. 3194 of 2025 2 order to secure their presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A I.P.C.(now 209 BNS). Bail application is allowed accordingly. It is made clear that any observation made in this order shall not affect the trial. September 22, 2025 kkb/ BAIL No. 3194 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench