Neutral Citation No. - 2025:AHC-LKO:41307 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6277 of 2025 Applicant :- Musibat Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shiv Pal Singh, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned AGA for the State and Ms. Neelam Mishra, who has filed Vakalatnama on behalf of the complainant. Said Vakalatnama is taken on record. 2. Learned counsel for the applicant has filed supplementary affidavit explaining the criminal history of one case of the applicant, the same is taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 05.06.2025 in FIR/Case Crime No.0140 of 2025, under Section 105 of B.N.S., Police Station – Payagpur, District – Bahraich. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein allegation has been levelled against the present applicant that the deceased died on account of electrocution from the electric fencing wire fastened by the present applicant around his field. Learned counsel has further submitted that the same device had been installed by the deceased in his field also and it is not clear as to whether the deceased touched the wire of his field or the filed of the present applicant. The aforesaid device has been installed by the applicant so as to prevent his crop from the stray animals. Charge sheet has been filed. Further, the applicant was having no motive or intention to kill the deceased. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 5. Learned A.G.A. and learned counsel for the complainant have, however, opposed the bail application but they could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the deceased died due to electrocution from the electric fencing wire; it is not clear as to whether the deceased touched the wire of his field or the filed of the present applicant; charge sheet has been filed; prima facie, the applicant was having no motive or intention to kill the deceased and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let applicant- Musibat Ali be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) 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 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 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 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of the B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 18.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench