HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12206 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Counter affidavit and rejoinder affidavit filed today are taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the named accused persons Anuj Yadav and Deepak Kumar have beaten the informant's brother as well as Rehan badly with lathi-danda while making an allegation of theft. Due to that, the said Rehan died on the spot at 02.00 am at noon. It is further alleged that the accused persons have taken the informant's brother Ashutosh beating him towards the Kishnipur canal and after beating him badly, they have thrown him treating him dead and ran away. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The informant while giving his statement has made an improvement in the prosecution case inasmuch as in the FIR two persons have been named, while in the statement under Section 161 CrPC, three persons have been named by the informant. The injured Ashutosh Singh has also made allegation on three accused persons including the present applicant. It is submitted that the injured witness Ashutosh while being enquired by the trial court has identified the co- accused Ram Anuj Yadav and not the present applicant. It is further submitted that the applicant has explained his criminal history Versus Counsel for Applicant(s) : Anil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Rakesh Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. .....Opposite Party(s) in para no. 11 of the rejoinder affidavit and he is languishing in jail since 21.5.2024. 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. has opposed the prayer for bail of the applicant and submitted that it is a case wherein one person died and another got injured. As per the post-mortem report, the deceased suffered 11 ante- mortem injuries. The injured also suffered 13 ante-mortem injuries, out of which four injuries were referred for X-ray wherein fracture has been found. Thus, it is a heinous offence. On due consideration to the submissions advanced, perusal of the record, the post-mortem report so also the fact that the injured witness Ashutosh while being examined before the trial court as PW-2 has not assigned the complicity of the present applicant coupled with the fact that the applicant has duly explained the criminal history; he is languishing in jail since 21.5.2024 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. Accordingly, the bail application is allowed. Let the applicant- Rakesh Verma involved in Case Crime No. 120 of 2024, under Sections 302, 307, 325, 34 IPC, P.S.- Goshaiganj, District- Faizabad/Ayodhya, 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 BAIL No. 12206 of 2024 2 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. September 17, 2025 Shravan BAIL No. 12206 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench