Neutral Citation No. - 2025:AHC-LKO:49425 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6057 of 2022 Applicant :- Chandra Shekhar Pasi S/O Late Sri Ram Autar Opposite Party :- State Of U.P. Thru. Secy. Home Counsel for Applicant :- Pawan Kumar Pandey,Kaushal Kishore Tewari,Shakti Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.440 of 2021, under Sections 302, 504, 120-B I.P.C., P.S. Mahmoodabad, District Sitapur. In the prosecution case it is alleged that on 27.11.2021 at around 02:00 am while the mother-in-law of the informant was lying outside the house in a tin shed, the named accused persons shot her due to the enmity between deceased Sakuntala and second wife of the applicant Neetu. The informant has seen the named accused persons running away from the spot. Learned counsel for applicant submits that name of all the named accused persons have been dropped by the Investigating officer. Applicant was arrested and only on the basis of his confessional statement, he has been implicated in this case. False recovery of country made pistol has been shown. There is no eye witness to the incident. Informant herself has denied the prosecution case as per the F.I.R. Applicant has explained the criminal history of two cases in bail application. He submits that the applicant is in jail since 29.11.2021. It is lastly submitted by learned counsel for the applicant that till date not a single prosecution witness has been examined. Learned A.G.A. has opposed the bail prayer. Perused the record. Perusal of the record shows that cause of death is shock and hemorrhage due to ante mortem firearm injury. On due consideration to the submissions advanced, perusal of the record as also the fact that applicant is languishing in jail since 29.11.2021, applicant was not named in the F.I.R., the named accused persons have not been charge-sheeted, as per the report of learned trial court, not a single prosecution witness has been examined so also the judgment passed in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 and without expressing any opinion on 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 Chandra Shekhar Pasi S/O Late Sri Ram Autar 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, 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). Order Date :- 22.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench