HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8624 of 2025 Court No. - 12 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 accused-applicant seeks bail in Case Crime No.0534 of 2024 under Section 103(1), 238 of BNS, Police Station Masauli, District Barabanki. In the prosecution story it is alleged that the son of the informant, aged about 18 years, while returning from S.D. Industries Chaukula at about 7:20 p.m. on his motorcycle was waylaid by the named accused persons along with unnamed co-accused, who committed his murder. Thereafter, the dead body and the motorcycle were thrown into the canal. Learned counsel for the applicant submits that the applicant has no criminal history and has been falsely implicated in the present case. The cause of death has been shown as coma due to ante-mortem head injury. It is further submitted that there is no eyewitness to the incident and it is a case of circumstantial evidence. The chain of circumstances is not complete. Except alleged recovery of an axe on the pointing out of the applicant, which has been effected without any independent witness, no other evidence has been collected by the Investigating Officer against the applicant. Learned A.G.A. has opposed the bail prayer and submitted that the call detail record of the applicant shows that he was in frequent contact with the Versus Counsel for Applicant(s) : Ashish Kumar Singh, Dileep Singh, Sameer Kumar Singh Counsel for Opposite Party(s) : G.A. Jai Singh Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) sister of the deceased, which is said to be the motive for committing the offence, as the deceased had raised objection to the same. I have considered the submissions advanced by learned counsel for the parties and perused the material available on record. On due consideration of the facts that the applicant is in custody since 26.12.2024, charge-sheet has already been filed, he has no criminal history, the case rests on circumstantial evidence and the chain of circumstances is prima facie not complete, and without expressing any opinion on the 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 Jai Singh Gautam be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 IPC (now Section 269 BNS). BAIL No. 8624 of 2025 2 (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 IPC (now Section 209 BNS). September 10, 2025 Madhu D.R/P.S BAIL No. 8624 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench