HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9377 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 on 1.8.2024 at about 10.00a.m. the son of the informant while returning from market after taking grocery to home, due to old enmity, the named accused persons have assaulted him with lathi danda and iron rod. The informant reached at the spot. The deceased before death told him about the incident and went unconscious. He was admitted in Samudaik Swasthya Kendra, Kadipur in a serious condition where he has been referred by the Doctor. 3.Learned counsel for the applicant submits that there is no eye witness to the incident. There is no dying declaration recorded in this case. There is not even a last seen evidence. The case is of circumstantial evidence. Except false recovery of iron rod without any independent witness, there is no other corroborative material in this case. In the post mortem, the cause of death is comma due to ante mortem head injury. The deceased suffered four ante mortem injuries. No specific role has been assigned to the applicant by anyone. The applicant has explained criminal history of four cases in para 28 of the bail application. The applicant is in jail since 5.8.2024. 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 Versus Counsel for Applicant(s) : Brijesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Roshan Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 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 case if of circumstantial evidence, except the recovery of iron rod, there is no independent witness, prima faice, there appears to be no other material in the prosecution case, charge sheet has been filed, 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 Roshan Nishad, involved in Case Crime No.358 of 2024 under sections 115(2), 110, 352, 351(2), 191(2), 191(3), 103 BNS, P.S. Kadipur, district Sultanpur, 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, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now 269 BNS) BAIL No. 9377 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 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 26, 2025 kkb/ BAIL No. 9377 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench