Neutral Citation No. - 2025:AHC-LKO:48833 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12912 of 2023 Applicant :- Manoj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lucknow Counsel for Applicant :- Pradeep Tiwari,Anil Kumar Tiwari,Kailash Nath Tewari Counsel for Opposite Party :- G.A. 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 present bail application has been filed by accused-applicant seeking bail in Case Crime No.325 of 2022, under Sections 302, 504, 34 I.P.C., P.S. Nagram, District Lucknow. In the prosecution case it is alleged that informant has lodged the F.I.R. alleging that on 21.12.2022 at about 09:30 pm his younger brother Manoj was abusing his mother Sundara. Another brother Dinesh Kumar asked the Manoj not to abuse his mother then Manoj and his wife Nisha with a wooden rod and grindstone have committed the murder of Dinesh. Learned counsel for applicant submits that applicant has falsely been implicated in this case. There is no eye witness to the incident. The alleged eye witness Sundara P.W.2 has been examined before the trial court where she has been declared hostile. P.W.1 has also denied the prosecution version. He is not the eye witness and he was not present on the spot and according to his statement there is no other material against the applicant. The co-accused Nisha against whom the similar allegations were levelled has been granted bail by a Co-ordinate bench of this Court vide order dated 08.08.2025 passed in Criminal Misc. Bail Application No.11853 of 2024. He submits that the applicant is in jail since 23.12.2022 however, he has no criminal history. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 23.12.2022, statement of P.W.1 and P.W.2, applicant has no criminal history, two fact witnesses have been examined out of 20 proposed witnesses by the prosecution, long period of incarceration and slow progresses in the trial 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 Manoj 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 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). Order Date :- 20.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench