Neutral Citation No. - 2025:AHC-LKO:45256 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6780 of 2025 Applicant :- Ram Sewak Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Girish Kumar Pandey,Abhishek Shukla,Neeraj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard 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 at about 7.00 evening on 19.5.2025, husband of the informant Prem Lal had a verbal dispute with four named accused persons. While she and her husband were returning home at about 8.00p.m. after making complaint to the Gram Pradhan, the accused persons on RCC road adjacent to house started beating her husband. When she tried to rescue she was also beaten. Her husband suffered grievous injuries. He was taken to CHC, Harchandpur from 108 ambulance and then he was referred to District Hospital, Raibareli. He succumbed to death at about 12.00 in the night. 3.Learned counsel for the applicant submits that in district hospital, the deceased succumbed to death. In the final diagnosis, cause of death was suspected poisoning. It is submitted that viscera has not been preserved. In the post mortem report, cause of death is comma. The cause of death shown in the post mortem report and in the diagnosis of District Hospital does not match. The applicant has explained criminal history of two cases in the supplementary affidavit. There is general allegation on four accused persons. Who has inflicted two injuries on the deceased is not known from the prosecution case. The applicant is in jail since 22.5.2025. 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. It is submitted that the complainant has also suffered a fracture in her hand. She was beaten by the accused persons. It is a heinous offence. The investigation is going on. 5.Considering the facts and circumstances of the case, conflicting opinion regarding cause of death in discharge summary of District Hospital and in the post mortem report, general nature of allegation levelled in the prosecution case as also in the statement of the injured complainant, age of the accused being 62 years, 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 Ram Sewak Pasi, involved in Case Crime No.108 of 2025 under sections 105, 115(2), 191(2) B.N.S., 2023, P.S. Harchandpur, district Raebareli, 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