HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9658 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.112 of 2022, under Section 302 I.P.C., P.S. Sandi, District Hardoi. 3. In the prosecution case it is alleged that Ram Avtar used to guard the mango orchard. His companion Rajeev used to live with him. On 30.032022 his brother-in-law namely Raj Kumar informed him that Ram Avtar has not taken the goats today as usual then he went to see Ram Avtar and found his dead body in the orchard. His companion Manoj and Rajeev were not there. It is alleged that Ram Avtar has been done to death by Rajeev and Manoj by beating. 4. Learned counsel for the applicant submits that except the joint recovery of bricks on the joint pointing out of the accused persons and their confessional statement as well as the hearsay evidence of the complainant, there is no other material in the prosecution case to connect the present applicant. Applicant has no criminal history. Cause of death is coma as a result of ante mortem head injury. Deceased sustained two ante mortem injuries. He submits that the applicant is in jail since 03.04.2022. 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 03.04.2022, case Versus Counsel for Applicant(s) : Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A. Rajeev .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lucknow .....Opposite Party(s) is of circumstantial evidence, out of ten only three witnesses of fact have been examined, it has been informed by the applicant that there is no other fact witness left to be examined, trial is not likely to be concluded in the near future so also the judgment passed in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Rajeev be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 Indian Panel Code (now Section 269 of 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 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 Indian Panel Code (now Section 209 BNS). September 22, 2025 Saurabh Yadav/- BAIL No. 9658 of 2024 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench