HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8195 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that son of the informant Jamaluddin, aged about 22 years was called by the named accused persons and brother in law of the accused No.1 and was taken with them. However, he went missing. It is further alleged that on 13.9.2005, at about 12.30 in the day in the field of Sankata Singh, the dead body of the son of the informant was found. 3.Learned counsel for the applicant submits that the first information report has been lodged via application under section 156(3) CrPC on 11.7.2006 regarding an incident which is alleged to have taken placed on 11.9.2005. The applicant has no previous criminal history. The autopsy of the dead body of the deceased was conducted on 14.9.2005. Cause of death could not be ascertained. After taking statement of the prosecution witnesses and after perusing the viscera report dated 16.12.2005 where nothing was found in the viscera report, a final report was filed treating the death as natural one. Summons were issued vide order dated 15.6.2007 against the applicant which was challenged in petition under section 482 CrPC No.2193 of 2008 wherein this Court has stayed the order impugned vide Annexure No.10. It is submitted that it is a case of circumstantial evidence. The chain of Versus Counsel for Applicant(s) : Uttam Kumar Verma Counsel for Opposite Party(s) : G.A. Vijay Bharat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) circumstances is not complete. There is no evidence against the applicant except the last seen evidence by the complainant. The applicant is in jail since 9.7.2025. 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, chain of circumstance does not appear to be complete, cause of death could not be ascertained, 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 Vijay Bharat, involved in Case Crime No.69 of 2006 under section 302 I.P.C., P.S. Sakran, district Sitapur, 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. BAIL No. 8195 of 2025 2 (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. August 29, 2025 kkb/ BAIL No. 8195 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench