HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9343 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 mother of the informant had gone out of home on 2.11.2022. It is alleged that she used to work as Labourer and was mentally challenged. An information was received that somebody killed her. 3.Learned counsel for the applicant submits that in the first information report, no one was named. After about three months of the alleged incident on 25.2.2023, the informant gave a statement that on the said date, he had seen the co-accused Amit Tiwari. However, his name was not disclosed by him. Another statement dated 25.2.2023 was also recorded by which the co-accused was linked with the offence in question. After seven months of the date of incident, second statement of Rohit alias Krishna Yadav was recorded in which he has assigned general role to the applicant in committing the crime. Prior to this, statement of the of the informant under section 161 CrPC was recorded, in which the applicant was not named. The statement of the informant under section 164 CrPC was recorded, in which again, the applicant was not named. T he applicant is not a previous convict. The applicant is in jail since 4.7.2023. 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. Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Naveen Tiwari @ Prabhakar Tiwari .....Applicant(s) State Of U.P. Thru Prin. Secy. Home Lko. .....Opposite Party(s) 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 applicant is not named in the first information report, the name of the applicant has surfaced in the statement of Rohit about seven months after the incident and general role has been assigned to him as also bail order dated 8.5.2024 of the co-accused Amit Tiwari passed in Bail No.8 of 2024, 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 Naveen Tiwari alias Prabhakar Tiwari, involved in Case Crime No.545 of 2022 under section 302 I.P.C., P.S. Antu, district Pratapgarh, 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 BAIL No. 9343 of 2025 2 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 25, 2025 kkb/ BAIL No. 9343 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench