HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11493 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. On being asked, learned A.G.A. says that he has received complete instructions in the matter and is ready to argue the case on merits. 2. In this circumstances, the Court proceeded to hear the instant bail application on merits. 3. Heard Sri Vinay Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. 4. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 27 of 2025, under Sections-115(2), 103(1), 117(2), 351(3) B.N.S., Police Station-Mishrikh, District-Sitapur. 5. While pressing the instant application, the learned counsel for the applicant stated that applicant has no criminal history and is languishing in jail since 07.02.2025 for committing no offence. 6. It is also stated that according to the FIR, all three persons namely, Badkanne, Hiralal and decesed Kanhai @ Kanhadya Lal Rathor were on the motorcycle and the accused, who committed the crime, put a stick in the moving motorcycle and on account of which all the three persons fallen down on earth and some minor injuries were sustained by Bakanne and Hiralal. Thereafter, accused assaulted the deceased Kanhai @ Kanhadya Lal Rathor with Banka. 7. It is further stated that it is a case of circumstancial evidence and there is no direct evidence available with the prosecution in the shape of last Versus Counsel for Applicant(s) : Vinay Kumar Singh Counsel for Opposite Party(s) : G.A. Shailendra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) seen so as to prove its case before the trial court. 8. Further submission is that injured witnesses namely, Badkanne and Hiralal, who according to the case of prosecution, were present at the situs of the crime as indicated in the FIR, indicated the name of the applicant on the of the information received from the persons of the vicinity. 9. It is further stated that from a persual of the statement of Chhotelal @ Chhote, brother of the informant, which is annexed at page-38 of the paperbook, it is evident that he also received the information of the incident and rushed to the spot and he indicated the name the applicant on the basis of information received from the persons of the vicinity. 10. It is stated that in view of the aforesaid, it appears that Chhotelal @ Chhote was not present at the situs of the crime and he is a planted witness by the prosecution. 11. It is further stated that taking note of the aforesaid facts, the applicant is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 12. Learned A.G.A. opposed the prayer of the applicant. However, he could not dispute the above contentions made by the applicant's counsel. In continuation, learned A.G.A. also stated that the applicant was having enmical relations with the Kanhai @ Kanhadya Lal Rathor and, therefore, he committed the crime. 13. In response, learned counsel for the applicant states that even it is presumed that applicant was having enmical relations with the deceased even in that eventuality based upon this aspect of the case, the applicant can not be convicted. 14. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 15. Let the applicant- Shailendra be released on bail in the aforesaid case BAIL No. 11493 of 2025 2 crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties (one of family member) each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 16. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 17. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. December 1, 2025 Arti/- BAIL No. 11493 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench