Neutral Citation No. - 2025:AHC-LKO:46946 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7487 of 2025 Applicant :- Girjesh Tiwari @ Chottan Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Lko. Counsel for Applicant :- Himanshu Tiwari,Vedika Dwivedi 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 24.03.2025, at around 1:00 p.m., while the informant’s father, aged about 55 years, was going to bring his daughter-in-law, the accused struck his bike in the the bicycle of the deceased. It is further alleged that the accused assaulted the deceased with kicks and fists, due to which he suffered injuries, and thereafter pushed him into a canal, resulting in his death. Learned counsel for the applicant has drawn attention of the Court towards the complainant’s statement and submits that the informant is not an eyewitness of the incident. There is no eyewitness to the incident. It is further submitted that the applicant has been falsely implicated. There is not even the circumstantial evidence. The only evidence relied upon by the prosecution is that some independent witnesses stated that a quarrel took place between the applicant and the deceased on the same day, but no one saw the applicant drowning the deceased in the canal. It is further submitted that the applicant is languishing in jail since 28.03.2025. 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 opposed the bail application, submitting that independent witnesses have supported the prosecution case, but conceded that there is no direct eyewitness. It is also informed that the charge sheet has been filed. Perused the record. The postmortem report shows that the cause of death was asphyxia due to antemortem drowning. Prima facie, there is no eyewitness; the case rests on circumstantial evidence; the chain of circumstances does not appear to be complete; and the charge sheet has already been filed. On due consideration to the above facts and the applicant’s incarceration since 28.03.2025, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Girjesh Tiwari @ Chottan Tiwari involved in Case Crime No.40/2025, U/s-115(2), 352, 105, 281 BNS, Police Station- Laliya, 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 :- 12.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench