HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12710 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed today is 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 on 12.7.2024, the informant and his wife Lalita Devi aged about 50 years were sleeping under the thatch. In the morning at 04.30 am, when the informant woke up, he found his wife dead. It is suspected that someone has committed the murder of the informant's wife by slitting her throat, shoulder and mouth with sharp edged weapon. Learned counsel for the applicant submits that the applicant is innocent. The motive has been assigned through the statement of the prosecution witness Shiv Kumar and others. He submits that the prosecution witness Shiv Kumar has been examined before the trial court where he has denied the prosecution case. Except the statements and the recovery of Baka, there is no other material against the applicant. It is further submitted that the applicant has no criminal history and he is languishing in jail since 16.7.2024. 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. Versus Counsel for Applicant(s) : Gauri Shankar Maurya, Anand Dubey, Govind Kumar Pandey Counsel for Opposite Party(s) : G.A. Ram Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Learned A.G.A. has opposed the prayer for bail of the applicant and submitted that apart from the recovery, there is statement of a witness who has seen the applicant with Baka in his hand. On due consideration to the submissions advanced, perusal of the record so also the fact that the case is of circumstantial evidence; the chain of circumstance appears to be incomplete; as per the post-mortem report, the cause of death is shock and haemorrhage as a result of ante-mortem injuries coupled with the fact that the applicant has no criminal history; he is languishing in jail since 16.7.2024 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- Ram Kumar involved in Case Crime No. 233 of 2024, under Section 103(1) of B.N.S., Police Station- Baghrai, 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, BAIL No. 12710 of 2024 2 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 15, 2025 Shravan BAIL No. 12710 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench