Neutral Citation No. - 2025:AHC-LKO:46138 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6890 of 2024 Applicant :- Gufran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Santosh Kumar Srivastava,Ajahar Husain,Shahid Salam,Vinay Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 13.2.2024, the deceased Salauddin aged about 16 years was taken by the three named accused persons in the night. In Ekta Maidan, a dispute occurred between them. Due to that, the accused persons have murdered him by stabbing with knife. Learned counsel for the applicant submits that the applicant is innocent. The co-accused persons Golu and Sadan have been granted bail by this Court as well as by the coordinate bench of this Court. In the confessional statement of the accused persons, although the role of causing injury to the deceased has been assigned to the applicant, but there is no recovery from the present applicant. On the joint pointing out of the accused persons, the alleged weapon of assault has been recovered. However, there is no public witness to the said recovery. The statement has been made in police custody, which is of no relevance. The case is of circumstantial evidence. The chain of circumstances is not complete. It is further submitted that the applicant has no criminal history and he is languishing in jail since 14.2.2024. 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 it is a case of circumstantial evidence; the co-accused Golu and Sadan have been granted bail; the chain of circumstance appears to be incomplete; the applicant has no criminal history; he is languishing in jail since 14.2.2024 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- Gufran involved in Case Crime No. 31 of 2024, under Sections 302, 34 I.P.C. & Section 4/25 Arms Act, Police Station- Kotwali Tanda, District- Ambedkar Nagar, 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 :- 7.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench