Neutral Citation No. - 2025:AHC-LKO:34489 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11989 of 2024 Applicant :- Ram Deen Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Ministry Home Affairs Lko And Counsel for Applicant :- Hari Shanker Gautam,P.K. Singh Bisen Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 10.8.2024 at about 07.30 pm, while the father of the informant namely, Satyadev Pal aged about 42 years went to see the field, the accused/applicant had laid live electric wire in his field, due to which his father suffered electric burn injuries and succumbed to death. Learned counsel for the applicant submits that as per the version of the FIR as well as the statement of the complainant and other witnesses, at the most, the offence under Section 106 B.N.S. can be said to be invoked in the case and thus, no offence under Section 105 B.N.S. is made out against the applicant as there is no criminal intent to cause death by him. He further submits that there is no direct evidence which could establish the complicity of the applicant in the case. It is further submitted that the applicant is a senior citizen aged about 62 years. He has no criminal history and he is languishing in jail since 12.8.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. On due consideration to the submissions advanced, perusal of the record, the post-mortem report so also the fact that the applicant is aged about 62 years; chargesheet in the case has been filed; the applicant has no criminal history and he is languishing in jail since 12.08.2024 and without expressing any opinion on the 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- Ram Deen Verma involved in Case Crime No. 140 of 2024, under Section 105 B.N.S., Police Station- Kohdaur, 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 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 Penal Code. (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. 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 Penal Code. Order Date :- 4.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench