Neutral Citation No. - 2025:AHC-LKO:46806 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6492 of 2024 Applicant :- Ajay Pratap @ Sushil Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary 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 2.9.2023 at about 10.00 pm at the house of the informant, the son-in-law of the informant was having fight with her daughter Kajal, The husband of the informant namely, Binda tried to stop the fight, then the applicant hit him (Binda) on his head. Due to that, he died on the spot. Learned counsel for the applicant submits that PW-1, the wife of the deceased in her cross-examination has not supported the prosecution case and totally denied it. As per post-mortem report, cause of death is due to ante-mortem injuries, due to which the deceased went into coma and died subsequently. He submits that till date, out of 13, only one prosecution witness has been examined. It is further submitted that the applicant has no criminal history and he is languishing in jail since 4.9.2023. 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, post-mortem report so also the fact that PW-1, the wife of the deceased in her cross examination has not supported the prosecution case; the applicant has no criminal history; he is languishing in jail since 4.9.2023; till date, out of 13, only one prosecution witness has been examined; it appears that the trial is going on at a snail's pace 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- Ajay Pratap @ Sushil involved in Case Crime No. 455 of 2023, under Section 302 I.P.C., Police Station- Maurawan, District- Unnao, 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 :- 11.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench