Neutral Citation No. - 2025:AHC-LKO:46752 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7327 of 2025 Applicant :- Raghvendra Mani Tiwari @ Daddu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Rajendra Prasad Mishra,Aditya Mishra 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 the deceased, Shatroghan Dwivedi @ Babu, was murdered by the named accused persons along with the applicant by hatching a conspiracy. It is further alleged that Raghuwansh Mani @ Sajan Tiwari and Mohit Verma @ Kaka, after calling the deceased over the phone, administered liquor to him. Once the deceased was intoxicated, he was taken to the field of a co-accused, where he was shot. The specific allegation against the applicant is that he assisted the co-accused in the commission of the offence. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant has explained his criminal antecedents relating to two previous cases in paragraphs 20 and 21 of the bail application. It is further submitted that the present case rests on circumstantial evidence and apart from the alleged confessional statement of the applicant, there is nothing with the prosecution against him. The applicant is languishing in jail since 27.04.2025. 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, submitting that the applicant’s CDR shows that he was at the location of the incident. However, he concedes that no recovery has been made from the applicant and there is no “last seen” evidence against him. Perused the record. A perusal of the post-mortem report shows one firearm entry wound measuring 2 cm × 2 cm, with blackening and tattooing around an area of 5 cm × 5 cm, and another firearm wound measuring 1.5 cm × 1 cm on the right side of the back of the chest, 11 cm below the right scapula. Prima facie, there appears to be a confessional statement made by the applicant while in police custody. It is undisputed that no recovery has been effected from the applicant and there is no “last seen” evidence. The chain of circumstances does not appear to be complete. In view of the foregoing discussion, the role attributed to the applicant by the prosecution witnesses, the period of incarceration already undergone, and the fact that the charge sheet has been filed, I am of the opinion that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Raghvendra Mani Tiwari @ Daddu involved in Case Crime No. 103/2025, under Section 103(1), 3(5), 61(1)Ka of BNS, P.S. Kotwali Nagar, District Balrampur, 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 :- 11.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench