Neutral Citation No. - 2025:AHC-LKO:45810 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7193 of 2025 Applicant :- Brijlal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. U.P. Counsel for Applicant :- Sajeet Singh,Roshan Lal Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 15.02.2025, at around 5:00–6:00 p.m., the informant's real sister, aged approximately 50 years, went out to collect firewood. When she did not return home till dark, her family members began searching for her. Around 8:00 p.m., the daughter of Asha Devi found her lying injured inside an old brick kiln. She was immediately taken to Babhnan for medical treatment, where she succumbed to her injuries during the course of treatment. Learned counsel for the applicant submits that the applicant has no prior criminal history. It is further submitted that there is no eyewitness to the incident, nor has any scientific evidence been collected by the investigating officer to directly link the applicant to the alleged crime. Apart from the last seen evidence given by Kishan and the alleged recovery of an axe from the applicant, no other incriminating material has been brought on record. The case rests entirely on circumstantial evidence, and the chain of circumstances remains incomplete. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, stating that an axe and a gamcha were recovered from the applicant on 27.02.2025. However, he concedes that the FSL report has not yet been received. On due consideration to the fact that charge sheet has been filed without the FSL report, the chain of circumstances appears to be incomplete, and the last seen evidence alone may not suffice, along with the fact that the applicant is in custody since 20.02.2025 and has no criminal antecedents, I am of the opinion that this is a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Brijlal involved in FIR/Crime No. 34/2025, under Section 103 (1) BNS, Police Station Khodare, District Gonda, 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 in accordance with law. (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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 6.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench