HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9198 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as Sri R.N. Awasthi who has filed his vakalatnama on behalf of complainant and same is taken on record. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.300 of 2025, under Sections 351(3), 352, 105 BNS, P.S. Fakharpur, District Bahraich. 4. In the prosecution case it is alleged that on 14.08.2025 husband of the informant namely Ram Savere Basib went to work as a Labourer at the house of accused and for some reason Waseem and Shakib pushed him from the roof due to that he was badly injured. He was admitted by the informant in CHC Fakharpur and thereafter, he was referred to District Hospital, Bahraich. 5. Learned counsel for the applicant submits that the deceased was taken to the hospital by the applicant and co-accused persons. Dr. Pradeep Shukla, Medical Officer, CHC Fakharpur has stated that he was informed by the relatives of the deceased that due to the reason he was fell inside the pit he suffered injury on the head. He submits that deceased fell inside the safety tank which was open and due to that accidentally the deceased fell inside it. Immediately, he was taken out however, he suffered injury Versus Counsel for Applicant(s) : Arjun Singh Kalhans, Amit Kumar Verma, Saurabh Singh Counsel for Opposite Party(s) : G.A. Waseeb Ahmad (Basib Ahmad) .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) on the head and accused took the deceased to CHC Fakarpur, there is no role of the applicant in the incident rather it is a simple accident. Cause of death is coma as a result of ante mortem head injury. Deceased suffered two ante mortem injuries. He submits that the applicant is in jail since 16.08.2025. 6. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. Learned counsel for the complainant submits that stereotype statement have been noted by the Investigating Officer. It is a case of murder. The deceased has been done to death by the applicant in a planned manner hence the bail application is liable to be rejected. 7. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 16.08.2025, statement of the doctor, ante mortem injury sustained by the deceased so also the statement of the prosecution witnesses and the fact that applicant has no criminal history and without expressing any opinion on 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 Waseeb Ahmad (Basib Ahmad) be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 BAIL No. 9198 of 2025 2 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 Indian Panel Code (now Section 269 of 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 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 Indian Panel Code (now Section 209 BNS). September 25, 2025 Saurabh Yadav/- BAIL No. 9198 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench