Neutral Citation No. - 2025:AHC-LKO:49304 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7664 of 2025 Applicant :- Mukesh Sahu Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Rehan Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, complainant's counsel, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that it is a case of circumstantial evidence. The applicant is not named in the first information report. The main accused is Jitendra Verma. According to his confessional statement, he has planned to eliminate Harindra Verma, husband of Uma Devi Verma, co- accused which whom he was having illicit relationship. It is submitted that except confessional statement of Jitendra Verma and Uma Devi, there is no other corroborative material in support of the prosecution case. The applicant has no criminal history. 3.The co-accused Santosh having similar role has been granted bail by a coordinate Bench of this court vide order contained in Annexure No.9. the applicant seeks parity. The applicant is in jail since 4.5.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and complainant's counsel who has filed vakalatnama today which is taken on record, opposed the prayer for bail, however, they could not dispute the fact that the name of the applicant has surfaced in the confessional statement of the co-accused and there is no recovery from the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the co-accused, named above, has been granted bail, role assigned to the applicant, it is a case of circumstantial evidence, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Mukesh Sahu, involved in Case Crime No.28 of 2025 under sections 103(1), 3(5), 61(2) BNS, P.S. Maharajganj Tarai, 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 under Section 229-A I.P.C. (now 269 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 22.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench