Neutral Citation No. - 2025:AHC-LKO:45359 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6724 of 2025 Applicant :- Shivam Verma Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaylaxmi Upadhyay,Shesh Ram Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard Ms. Jaylaxmi Upadhyay, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the named accused persons on 16.4.2025 at about 7.30p.m. have beaten the husband of the informant by thrashing him on RCC road adjacent to the house through an iron rod, due to which he suffered grievous head injury. 3.Learned counsel for the applicant submits that the complainant is not an eye-witness. As per statement of the eye- witnesses, dispute erupted due to a trivial issue all of a sudden on provocation with no time to cool down. The accused applicant is alleged to have pushed the deceased. There was no enmity between the applicant and the complainant. The applicant has no previous criminal history. Charge sheet has been filed. The applicant is in jail since 20.4.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and he has submitted that in view of the statement of the eye-witnesses, charge sheet has been filed only against the applicant and for rest of the accused, charge sheet has not been filed. Their names have been dropped. As per post mortem report, cause of death is comma due to anti mortem head injury. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, charge sheet has been filed, there appears to be no prior intent of the accused applicant to commit the offence, opinion given by panch witnesses in the inquest report, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Shivam Verma, involved in Case Crime No.078 of 2025 under sections 115(2), 105, 110, 351(3) BNS, P.S. Sammanpur, 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 under Section 229-A I.P.C. (now 269 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 5.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench