Neutral Citation No. - 2025:AHC-LKO:48186 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4543 of 2025 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Neeraj Pandey,Shashwat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 5.10.2024, while the son of the informant namely, Rahul was going for work, he was pushed away by the accused-applicant near the railway crossing and thereafter verbal spat took place by hurling abuses. It is further alleged that the applicant along with three other accused persons have beaten the deceased by danda, kicks and fists. Learned counsel for the applicant submits that the applicant is innocent. As per the post-mortem report, the cause of death is haemorrhage and shock as a result of ante-mortem injury. It is submitted that the PW-1, complainant himself, the PW-2 Radhe and the PW-4 have been declared hostile. The PW-3, Brijesh Kumar during cross-examination has also not supported the prosecution case. It is a case of no evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 7.10.2024. 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. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the fact witnesses viz., the PW-1 complainant himself, the PW-2 Radhe, the PW-3 and the PW- 4 have been declared hostile; there appears to be no chance of tampering the prosecution evidence; the applicant has no criminal history; he is languishing in jail since 7.10.2024 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. Accordingly, the bail application is allowed. Let the applicant- Sandeep Kumar involved in Case Crime No. 240 of 2024, under Sections 115(2), 352, 105 of B.N.S., Police Station- Jagatpur, District- Raebareli, 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. (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. Order Date :- 18.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench