Neutral Citation No. - 2025:AHC-LKO:14076 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13730 of 2023 Applicant :- Deepak Singh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Satendra Singh Rana,Naveen Kumar Pandey,S M Singh Royekwar,Vaibhav Saxena,Vijay Kumar Counsel for Opposite Party :- G.A.,Awadhesh Kumar Singh Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 389 of 2023 under Sections 307 IPC, Police Station- Wajirganj, District - Gonda. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is not named in the FIR and the incident is of 02:00 p.m. at night and there is no source of light. He next submitted that since there was suspicion of the injured that the applicant has illicit relationship with the wife of the injured and therefore the applicant has been named in the FIR. He submits that there is no independent eye-witness of the incident and except the statement of the injured, there is no other corroborative evidence of the prosecution story. Further submission is that the applicant is a law abiding citizen and has no prior criminal history and he is in jail since 18.08.2023 and there is no possibility of conclusion of trial in near future. He next submits that charge sheet has been filed and there is no possibility of tampering with the evidence or influencing the witnesses. He further submits that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would co-operate in the trial proceedings. On the other hand, learned counsel for the complainant has opposed the contention of the counsel for the applicant by submitting that the injured has named the applicant and since the applicant is of the same village, he could identify the applicant. He next submits that there are serious injuries over the head and neck of the injured. Learned A.G.A. has also supported the version of the counsel for the complainant and submitted that the applicant is not entitled to be released on bail. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is not named in the FIR and the incident is said to have been taken place at 02:00 p.m. in the night the applicant has no previous criminal history and he is languishing in jail since 18.08.2023; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would co- operate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the accused/ applicant- Deepak Singh involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 6.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench