Neutral Citation No. - 2025:AHC-LKO:46516 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12104 of 2024 Applicant :- Bhopu Panda @ Shyam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko Counsel for Applicant :- Priyanshu Awasthi 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 18.3.2023 at about 8.30 pm, the father of the complainant went to his field to take care of crop. He was lying on the cot outside. In the morning at about 06.30 am on 19.3.2023, he was sleeping on the Machan. Someone told that the father of the complainant died. Learned counsel for the applicant submits that there is no eye- witness to the incident. The applicant has been implicated on the basis of the alleged extra judicial confession made by him to Pankaj Shukla. It is next submitted that the witness Pankaj Shukla has been examined as PW-6 before the trial court, who has denied the prosecution story. There is no other material against the applicant. The alleged recovery on the pointing out of the applicant is false as there is no witness to the said recovery nor the alleged weapon of assault has been sent for forensic examination. It is further submitted that the applicant has no criminal history and he is languishing in jail since 25.3.2023. 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. has 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 statement of PW-6 so also the fact that except the recovery and the statement of Pankaj Shukla, there is no material against the applicant; the case appears to be of circumstantial evidence; the chain of circumstance does not appear to be complete; the applicant has no criminal history; he is languishing in jail since 25.3.2023 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- Bhopu Panda @ Shyam involved in Case Crime No. 53 of 2023, under Sections 302 IPC, Police Station- Achalganj, District- Unnao, 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 8.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench