HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8380 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.523 of 2024 under Section 103(1) BNS, Police Station Dewa, District Barabanki. In the prosecution case, it is alleged that the brother of the informant, namely Ashok, was in the habit of consuming liquor. One Bhanu Yadav, resident of the same village, used to demand money from Ashok for liquor consumption. On refusal, Bhanu would often quarrel with him and extend threats to kill him. Ashok had disclosed these facts to the informant as well as several other persons. On account of this, enmity developed between Bhanu and Ashok. It is further alleged that on the intervening night of 4/5.8.2024, near the big canal bridge at Mamapur, at the tea shop of Kanhiya, Bhanu Yadav committed the murder of Ashok. Learned counsel for the applicant submits that the sole eye-witness of the prosecution is Kanhiya, who has already been examined before the trial court. In his deposition, he has not supported the prosecution version and was declared hostile. Thus, there remains no direct eye-witness account of the incident. Learned counsel further submits that as per the post-mortem report, the cause of death is antemortem head injury. Five antemortem injuries were found on the body of the deceased. Learned A.G.A. has opposed the bail prayer of the applicant but could not Versus Counsel for Applicant(s) : Neeraj Kumar Rawat, Apoorva Jyoti Counsel for Opposite Party(s) : G.A. Bhanu Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the sole eye witness of the prosecution has not supported the prosecution case during trial; there appears to be no chance of tempering the evidence; the applicant has explained the criminal history of two cases in paragraph 19 to the bail application; the applicant is in jail since 12.8.2024 and without expressing any opinion on 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 Bhanu Yadav 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. 8380 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). September 3, 2025 Madhu D.R/P.S BAIL No. 8380 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench