Neutral Citation No. - 2025:AHC-LKO:46117 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11382 of 2023 Applicant :- Pushpendra Tiwari @ Shubham Tiwari Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home, U.P. Lucknow Counsel for Applicant :- Suyesh Pradhan,Abhinav Srivastava,Abhishek Misra,Satendra Kumar (Singh),Sudhir Kumar Counsel for Opposite Party :- G.A.,Nauman Asif,Vivek Kumar Pandey 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 2.9.2022 at about 8- 9 am, the applicant/informant dropped his wife at Palassio Mall. Since then, her phone is not reachable. Learned counsel for the applicant submits that the deceased happened to be the wife of the applicant/informant. The name of the applicant as accused has surfaced in the confessional statement of the co-accused including the applicant in police custody. He next submits that nothing incriminating has been recovered from the applicant. The case is of circumstantial evidence. The co-accused Govind Tiwari and Suraj Verma, who have been assigned similar role, have been granted bail by the coordinate bench of this Court vide orders dated 16.5.2023 and 21.4.2023 passed in Criminal Misc. Bail Application Nos. 2072 of 2023 and 1812 of 2023 respectively. It is further submitted that the applicant has no criminal history and he is languishing in jail since 10.9.2022. All the nine fact witnesses have been examined. 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 but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that it is a case of circumstantial evidence; the the applicant has no criminal history; he is languishing in jail since 10.9.2022; all the nine fact witnesses have been examined; the co-accused named above have been granted bail; there is no chance of tampering with the evidence as well as the judgement of the Apex Court in re: Javed Gulam Nabi Shaikh vs. State of Maharashtra, 2024 SCC OnLine SC 1693 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- Pushpendra Tiwari @ Shubham Tiwari involved in Case Crime No. 405 of 2022, under Sections 302, 201, 34 IPC, Police Station- Gudamba, District- Lucknow, 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 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. Order Date :- 7.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench