HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4853 of 2025 Court No. - 12 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 19.7.2024 at about 09.30 pm, while the informant returned home, his aunt Jayanti Devi was being beaten by the accused-applicant who was drunk while hurling abuses. On hearing the commotion, the father of the informant namely, Prem Pal came to rescue, then the accused-applicant and his wife Suman Devi with an intention to ill started beating him with bricks and danda, due to which the informant's father suffered severe injury in his abdomen and he was taken to the government hospital by ambulance where he was declared dead. Learned counsel for the applicant submits that the applicant is innocent. As per the post-mortem report, the cause of death is shock and haemorrhage as a result of ante-mortem injury. It is a case of false implication. The applicant has not committed any offence. He submits that the co-accused Suman Devi has already been granted bail by a coordinate bench of this Court vide order dated 27.2.2025 passed in Criminal Misc. Bail Application No. 189 of 2025. It is submitted that out of 8, three witnesses of fact have been examined before the trial court. Amongst those, the PW-3 has been declared hostile and the PW-2 has not supported the prosecution case during cross- examination. Thus, there appears to be no chance of tampering the Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A. Amar Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) prosecution evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 21.7.2024. 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, the post-mortem report so also the fact that three witnesses of fact have been examined so far; amongst those, the PW-3 has been declared hostile by the trial court and the PW-2 has not supported the prosecution case during cross- examination; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 21.7.2024 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- Amar Lal involved in Case Crime No. 193 of 2024, S.T. No. 300/2024, under Sections 103/115(2)/352 of B.N.S., Police Station- Uchauliya, District- Lakhimpur Kheri, 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. BAIL No. 4853 of 2025 2 (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. September 11, 2025 Shravan BAIL No. 4853 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench