HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11637 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant in F.I.R./Case Crime No.247 of 2025, under Sections 140(1) of B.N.S., 2023, Police Station- Mahmoodabad, District- Sitapur. It has been submitted by learned counsel for the applicant that the applicant is not named in the FIR. On the basis of his confessional statement, he has been implicated in the case, which has no evidentiary value. He has submitted that false recovery of one sandal and vest ( baniyan) have been shown in the possession of the applicant and it is improbably to take such things from the deceased while pushing him in the canal, as stated in the confessional statement. He has further submitted that there is no incriminating evidence found against the applicant and it is not the case of the prosecution side that at any point of time, the applicant was seen committing the offense. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 02.07.2025. Learned A.G.A has, however, opposed the prayer for grant of bail and has submitted that the statement of the uncle of the deceased has been Versus Counsel for Applicant(s) : Pradeep Kumar, Vipul Singh Counsel for Opposite Party(s) : G.A. Nirmal Singh Yadav @ Nirmal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow .....Opposite Party(s) recorded who has said that the applicant and other co-accused had taken food at Rathore Dhaba, which is the last seen evidence. He has lastly submitted that the evidence goes against the applicant. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant- Nirmal Singh Yadav @ Nirmal be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) 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 under Section 229-A of the Indian Penal Code. (2) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. December 1, 2025 Mohit Singh/- BAIL No. 11637 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench