Neutral Citation No. - 2025:AHC-LKO:49161 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12826 of 2024 Applicant :- Roshan Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla,Subodh Kumar Pandey 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 the father of the informant while suspecting the character of her mother has killed her on 13.4.2023 at about 02.00 pm by inflicting several blows on her neck by axe. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It is submitted that the mother of the applicant and his two daughters have been examined before the trial court as PW-1, PW-2 and PW-3 and they have been declared hostile. The alleged recovery of axe from the applicant is false. There is no independent witness to the recovery. As per the post-mortem report, the cause of death is shock and haemorrhage as a result of ante-mortem injury. It is further submitted that the applicant has no criminal history and he is languishing in jail since 14.4.2023. 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 post-mortem report so also the fact that the fact witnesses viz., PW-1, PW-2 and PW-3 have been declared hostile; there are still seven witnesses to be examined before the trial court; the applicant has no criminal history; he is languishing in jail since 14.4.2023 as well as the judgement of the Apex Court in re: Javed Gulam Nabi Shaikh vs. State of Maharashtra, 2024 SCC OnLine SC 1693 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- Roshan Lal involved in Case Crime No. 159 of 2023, under Section 302 IPC, Police Station- Phardhan, District- Lakhimpur Kheri, 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 :- 21.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench