Neutral Citation No. - 2025:AHC-LKO:45380 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7127 of 2025 Applicant :- Jhabbu @ Seth Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Sunil Kumar,Pawan Kumar Pandey 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. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.93 of 2025, under Sections 105, 312, 331(4) and 238 BNS, P.S. Mohanlalganj, District Lucknow. In the prosecution case it is alleged that on 24.03.2025 sound of walking of 3-4 persons at the terrace of informant's house came at about 11:45 PM. Informant's daughter-in-law who was awake sensed someone coming down from stairs whereon she raised alarm to awake everyone due to which suspect made retreat. Thereafter, a loud sound of tyre-blast was heard. Informant and others reached at terrace and saw few person dragging a person through fields behind informant's house. The informant saw heavy blood scattered on his terrace. It is contended on behalf of the applicant that he has falsely implicated on the basis of confessional statement of the co- accused. On this arrest, six cases have been slapped on the applicant. Remand of the applicant as well as co-accused Baburam were sought by the Investigating Officer in Case Crime Nos.20/2025 & 53/2025 which were rejected by the learned trial court due to absence of any material. It is submitted on behalf of the applicant that although pool of blood is shown to be seen by the informant and others however, in the site plan no pool of blood is present. It is a case of shabby investigation. Applicant has been implicated only on the basis of statement of the co-accused. There is no eye witness to the incident. Applicant prior to his arrest has been shot by the police. The photographs of his amputated leg are on record. The co-accused Abhilash Loniya, Babu Ram and Buchau Pradhan @ Ram Jeevan who were assigned similar role have been granted bail by this Court vide orders dated 18.06.2025, 18.06.2025 & 16.07.2025 passed in Criminal Misc. Bail Application Nos.5190 of 2025, 5181 of 2025 & 6059 of 2025 respectively to which applicant claims parity. Applicant has explained the criminal history of 18 cases in paragraph 26 of the bail application. Charge-sheet in the case has been filed. Applicant is in jail since 20.06.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 20.06.2025, the manner in which the investigation has been conducted, applicant has explained the criminal history, bail orders of co-accused Abhilash Loniya, Babu Ram and Buchau Pradhan @ Ram Jeevan (supra) who have been assigned the identical role 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 Jhabbu @ Seth 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 :- 5.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench