Neutral Citation No. - 2025:AHC:51993 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6183 of 2025 Applicant :- Lakhan Singh @ Nitu Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Choudhary,Sangam Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sangam Singh, learned counsel for the applicant, Sri Devendra Nath Mishra, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Lakhan Singh @ Nitu, seeking enlargement on bail during trial in connection with Case Crime No. 399 of 2024, under Sections 103(1), 238 of BNS 2023, registered at Police Station Bilari, District Moradabad. 4. As per the FIR the deceased Omwati left her house on 08.07.2024 but she has not returned back till night. She was searched and then her body was found in the field with string around the neck. FIR was lodged on 09.07.2024 by Gopali against unknown person. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is not named in the FIR and his name has surfaced during investigation. It is submitted that in the present matter charge sheet has been submitted against the applicant and as such the investigation has concluded and there are no chances of the applicant tampering with evidence. It is submitted that co-accused Lal Singh @ Lallu, Teekaram @ Singhpal and Pappu @ Chandrapal have been granted bail by co-ordinate Benches of this Court vide orders dated 03.10.2024, 19.11.2024 and 19.11.2024 passed in Crl. Misc. Bail Application Nos. 34224 of 2024 (Lal Singh @ Lallu Vs. State of U.P.), 38401 of 2024 (Teekaram @ Singhpal Vs. State of U.P.) and 38464 of 2024 (Pappu @ Chandrapal Vs. State of U.P.), copy of the orders are annexed as annexure 8 to the affidavit. While placing para 30 of the affidavit it is submitted that no incriminating material has ever been recovered either from the applicant or his possession. It is submitted that the applicant has no criminal history as stated in para 35 of the affidavit and is in jail since 27.10.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is not named in the FIR. His name has surfaced in the present matter during investigation. Investigation has concluded and charge sheet has been submitted against the applicant. There is no incriminating material recovered from his possession. Co-accused Lal Singh @ Lallu, Teekaram @ Singhpal and Pappu @ Chandrapal have been granted bail. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant Lakhan Singh @ Nitu, be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. Order Date :- 9.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad