HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8539 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, Mr. Mohiuddin Khan, learned counsel for the complainant who has filed vakalatnama which is taken on record, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that on 5.1.2025 at about 7.30 hours, brother of the informant aged about 27 years went to ease out. The named accused persons due to old enmity have committed his murder by slitting his throat by a sharp edged weapon. 3.Learned counsel for the applicant submits that there is no eye witness to the alleged incident. There is no last seen evidence as well. Except recovery of a blade, shown from pointing out of the applicant, to which there is no independent witness there is no other material with the prosecution. The applicant has explained criminal history in para 4 of the supplementary affidavit. The applicant is in jail since 6.1.2025. 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. and complainant's counsel opposed the prayer for bail and submitted that the independent witnesses have corroborated the prosecution case. Cause of death is hemorrhage and shock due to ante Versus Counsel for Applicant(s) : Vaibhav Srivastava Counsel for Opposite Party(s) : G.A., Mohiuddin Khan Abhishek Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) mortem injuries. Viscera has been preserved. Deceased suffered four ante mortem injuries, out of which three are incised wounds and there is recovery of blade. It is further submitted that mobile location of the accused applicant corroborates the prosecution version. 5.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history in the supplementary affidavit, the fact that amongst ante mortem injuries, there are incised wounds and the recovery of blade prima facie does not corroborate ante mortem injuries, there is no last seen evidence or any other corroborative material to support the prosecution case, 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 Abhishek Kumar, involved in Case Crime No.0003 of 2025 under sections 103(1), 238 BNS, P.S. Ahirauli, district Ambedkar Nagar, 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, BAIL No. 8539 of 2025 2 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 9, 2025 kkb/ BAIL No. 8539 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench