Neutral Citation No. - 2025:AHC-LKO:45550 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13298 of 2024 Applicant :- Shiv Kesh Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko Counsel for Applicant :- Surya Prakash Tiwari,Abhishek Yadav,Dr. Pooja Singh 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 informant’s sister was assaulted by the applicant and his mother, and was forcibly administered poison. The informant’s sister-in-law reached the spot and noticed injuries below the victim’s eyes. Learned counsel for the applicant submits that the applicant is innocent and the FIR was lodged after an unexplained delay of two and a half months. The cause of death could not be ascertained in the postmortem report, and the viscera was preserved for further examination. The prosecution version, as stated in the FIR, stands contradicted by the statement of Asha Devi, who has not supported the prosecution case. The applicant is in custody since 14.09.2024 and has no previous criminal record. It is further submitted that 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 AGA has opposed the bail prayer, stating that the viscera was preserved and the FSL report confirms the presence of Chlorpyrifos poison. Perused the record. Perusal of the record shows that the FIR was lodged on the basis of Asha Devi’s statement, without any explanation for the delay of two and a half months. Her statement, prima facie, does not support the prosecution case. The case is of circumstantial evidence. Considering the observations made above and the fact that the applicant is in custody since 14.09.2024 without any criminal antecedents, I am of the opinion that the applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Shiv Kesh Saroj involved in Case Crime No.- 123/2024 Under Sections:-302,323,328 I.P.C., Police Station- Maheshganj, 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, 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 82 Cr.P.C. (now Section 84 BNSS) 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 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 5.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench