Neutral Citation No. - 2025:AHC:50272 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6906 of 2025 Applicant :- Kalicharan Alias Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ravindra Sharma, learned counsel for the applicant, Sri Devendra Nath Mishra, learned AGA for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Kalicharan Alias Kallu, seeking enlargement on bail during trial in connection with Case Crime No. 175 of 2024, under Section(s) 105 B.N.S., registered at P.S. Mujariya, District- Budaun. 4. A First Information Report of the matter was lodged on 10.10.2024 by Ajeet Kumar, against the applicant alleging therein that on 08.10.2024, he and his father-in-law Rajendra had gone to irrigate the field and they were irrigating his field from water of tube-well of Naresh. At about 11.00 p.m. the pipe got burst and his father-in-law was repairing it but could not repair it. He then went to the said tube well wherein some electric wire was tied to a bamboo pole in the field by the applicant which was having electric current in which his father-in-law got electrocuted. Even a stray bull was also electrocuted. A report be lodged against the applicant. 5. Learned counsel for the applicant submitted that the present case is an accident and the applicant has no motive to commit the aforesaid offence. It is submitted that cause of death of the deceased/Rajendra as opined by the doctor is due to shock as a result of electrocution. It is submitted that investigation in the matter concluded and a charge sheet has been submitted and as such there are no chances of the appellant tempering with the evidence or not co-operating in the investigation. It is submitted that the applicant has no other criminal antecedents as stated in para-21 of the affidavit and he is in jail since 27.11.2024. 6. Per contra, learned State counsel opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it appears that the present case is a case of accident and the applicant has no motive to commit the aforesaid offence. The deceased died due to shock as a result of electrocution. Investigation in the matter concluded and a charge sheet has been submitted. The applicant has no criminal history. 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- Kalicharan Alias Kallu, 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. (Samit Gopal,J.) Order Date :- 7.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad