HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8276 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 in the evening at about 5.00 on 9.6.2025, the complainant's son Govind Sharma went to the market to purchase vegetables and the named accused persons with common intention while hurling abuses has beaten him with kicks and fists, lathi and danda, due to which, he suffered injuries in his head. He has been referred to Appolo Hospital, Lucknow. 3.Learned counsel for the applicant submits that the occurrence is of June 9, 2025, the first information report has been lodged on 12th June, i.e. after delay of three days. The injured has died on 15th June, 2025. The applicant is not named in the first information report, The name of the applicant has figured in the statement of the alleged eye witnesses recorded after 18 days of the incident, i.e. on 27.6.2025. The investigating officer has dropped the names of all named accused persons. In the statement of the alleged eye witnesses, a copy of which is Annexure No.8 to the bail application, it is alleged that video of the incident was made by the witness Tribhuwan. However, it is submitted that what is in the video has not been examined by the investigating officer. On the pretext of that video, names of named accused persons have been dropped. The deceased has suffered three ante mortem injuries Versus Counsel for Applicant(s) : Abhiuday Pratap Singh Counsel for Opposite Party(s) : G.A. Tej Narayan Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) which cannot be attributed to the applicant without any material. The applicant has no previous criminal history. The applicant is in jail since 29.6.2025. 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, the first information report has been lodged after delay of three days, names of three accused persons have been dropped, name of the applicant appears to have surfaced in the statement of Tribhuwan as well as other witnesses whose statement has been recorded only on 27.6.2025, i.e. after 18 days without there being any other corroborative material, the applicant is 62 years of age, 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 Tej Narayan Singh, involved in Case Crime No.148 of 2025 under sections 105, 110, 351(3), 352, 115(2) BNS, P.S. Khodare, district Gonda, 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. BAIL No. 8276 of 2025 2 (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 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. September 2, 2025 kkb/ BAIL No. 8276 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench