HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11043 of 2023 Court No. - 12 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 1.1.2020, the informant's son Ram Mehar Sharma along with Sohan Lal Sharma came to Barabanki. There was no enmity between the two. It is alleged that about 15 days ago, the applicant along with his companions looted Rs. 2.5 lakhs from the said Sohan Lal Sharma on gunpoint while threatening. It is further alleged that the informant has strong belief that on 5.1.2020, the applicant along with his companions have committed the murder of his son and the said Sohan Lal Sharma at Ram Sanehi Ghat. Learned counsel for the applicant submits that as per the prosecution case, there are two eye-witnesses namely, Bhim Singh @ Bunty and Deepak Sharma. Even they have not taken the name of the applicant. No test identification parade has been conducted. It is submitted that there are two persons who have been done to death. Both have received ante-mortem firearm injuries, due to which both have died. He submits that the name of the applicant has surfaced on the statement of Vikram who has provided Innova car to him. It is submitted that the aforesaid eye-witness Deepak Sharma has not been examined before the trial court. However, another eye-witness Bhim Singh Versus Counsel for Applicant(s) : Upendra Prakash Pathak, Amar Singh, Pradeep Kumar Shukla Counsel for Opposite Party(s) : G.A. Ram Pal Urf Monu .....Applicant(s) The State Of U.P. Thru. The Prin. Secy. Home, Lko. .....Opposite Party(s) has been examined before the trial court and he has been declared hostile. The witness PW-7, Balvir has also been declared hostile. He submits that out of 58, only 7 prosecution witnesses of fact has been examined before the trial court. The trial is not likely to be concluded in the near future. It is submitted that the co-accused Vikram and Amit Kumar have already been granted bail by the coordinate benches of this Court. The bail orders are on record as Annexure-10 to the bail application. It is further submitted that the applicant has explained the criminal history of two cases in para nos. 10 and 11 of the supplementary affidavit and he is languishing in jail since 2.9.2020. 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 A.G.A. has opposed the prayer for bail of the applicant and submitted that the offence is heinous in nature. On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused named above so also the fact that the PW-5, who is the alleged eye-witness, has been declared hostile by the trial court; another eye-witness Deepak Sharma has been withheld by the prosecution and he has not been examined; out of 58, only 7 prosecution witnesses of fact has been examined before the trial court so far; the trial is not likely to be concluded in the near future; the applicant has duly explained the criminal history; he is languishing in jail since 2.9.2020 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- Ram Pal Urf Monu involved in Case Crime No. 9 of 2020, under Sections 302, 395, 120B I.P.C., Police Station- Ram Sanehi Ghat, District- Barabanki, 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:- BAIL No. 11043 of 2023 2 (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 84 B.N.S.S. 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 209 of B.N.S. September 11, 2025 Shravan BAIL No. 11043 of 2023 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench