HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8118 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The accused-applicant seeks bail in Case Crime No.87 of 2025 under Section 103(1) and 61 (2) of BNS, Police Station Maholi, District Sitapur. 3. In the prosecution case, it is alleged that the husband of the informant was working as a correspondent with Dainik Jagran, a daily newspaper published from Lucknow. On 08.03.2025, at about 2:30 p.m., he went on a motorcycle to meet someone. After some time, the informant came to know that her husband had been shot. He was taken to the Civil Hospital, Sitapur, where he was declared dead on arrival. 4. Learned counsel for the applicant submits that the applicant is not named in the FIR and there is no eye-witness to the incident. It is a case based on circumstantial evidence. The name of the applicant has surfaced only in the confessional statement of the co-accused Shivanand. The role assigned to the applicant is limited to introducing Shivanand to shooter Raju Tiwari and identifying Raghvendra Bajpai (deceased). No recovery has been effected from the applicant. It is further submitted that the chain of circumstances is not complete. The applicant has also explained the criminal history of five cases in paragraph 23 of the bail application. 5. Learned A.G.A. has opposed the bail prayer of the applicant but could not Versus Counsel for Applicant(s) : Amrendra Singh Somvanshi, Abhishek Singh Counsel for Opposite Party(s) : G.A. Nirmal Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) dispute the facts mentioned above. 6. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 7. On due consideration of the facts that except the confessional statement of the co-accused there appears to be no other material against the applicant; the case is of circumstantial evidence; the applicant has explained his criminal history; the cause of death in the post-mortem report is antemortem firearm injury; the applicant is in jail since 10.04.2025; the charge-sheet has already been filed in the matter 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. 8. Accordingly, the bail application is allowed. 9. Let the applicant Nirmal Singh 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. 8118 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). August 28, 2025 Madhu D.R/P.S BAIL No. 8118 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench