Neutral Citation No. - 2025:AHC-LKO:49434 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5262 of 2025 Applicant :- K.P. Harijan @ Mahanth Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sheo Prakash Singh,Manish Singh Chauhan,Pradeep Rai,Shailendra Pratap Singh 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. This is the second bail application. The first bail application of the applicant bearing Bail No.3191 of 2025 was dismissed by Co-ordinate Bench of this court vide order dated 16.05.2025. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.210 of 2024, under Sections 103(1), 109, 333, 3(5) of BNS, P.S. Karaondikala, District Sultanpur. In the prosecution case it is alleged that on 27.10.2024 at about 09:00 pm due to old enmity named accused persons who were armed with axe with a common intention break inside the house of the informant and murdered the mother of the informant Hausila Devi. They also also tried to kill the younger brother of the informant namely, Sudeep alias Kaushik who was seriously injured. Learned counsel for the applicant submits that injured in his statement has not assigned any role to the applicant. Role of causing murder through axe has been assigned to one Binde, the co-accused. Applicant has been alleged to be present on the spot. He submits that during trial P.W.1 has made improvement and role of catching hold has been assigned to the present applicant along with other co-accused persons however, the specific role of inflicting the fatal blow is on the co-accused Binde. Seven ante mortem injuries received by the injured, cause of death is hemorrhage and shock due to ante mortem injuries. It is submitted that later on injured Sudeep also succumbed to injuries, cause of death is septicemia as a result of ante mortem injuries. He submits that Arvindey Harijan who were assigned the similar role by P.W.1 has been granted bail by a Co-ordinate bench of this Court vide order dated 07.07.2025 passed in Criminal Misc. Bail Application No.6128 of 2025. Recovery of axe shown from the applicant is false. Applicant is in jail since 29.10.2024. Applicant has no criminal history. Learned A.G.A. has opposed the bail prayer and submits that it is a case of double murder however, could not deny the fact that no specific role has been attributed to the present applicant. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 29.10.2024 having no criminal history, statement of the injured witness, no specific role has been assigned to the present applicant rather specific role has been assigned to Binde-co-accused, bail order of co-accused Arvindey Harijan (supra), false recovery of axe is shown from all the four named accused persons 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 K.P. Harijan @ Mahanth 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