Neutral Citation No. - 2025:AHC:50381 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6869 of 2025 Applicant :- Lilo Manjhi Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Lilo Manjhi seeking enlargement on bail during trial in connection with Case Crime No. 644 of 2024, under Sections 103(1) B.N.S., Police Station Dhanghata, District Sant Kabir Nagar. 4. The first information report of the present matter was lodged on 29.10.2024 by Nirhu against unknown persons alleging therein that his father Ram Vriksh aged about 65 years had gone to Khalilabad to attend the date on 28.10.2024 but after it, he did not return back home. He was being searched. He did not have any mobile, he was searched in the house of the relatives also. On 29.10.2024 at about 6:00 a.m., he received an information that the dead body of his father is lying near brick kiln of Ram Dhari Yadav, where he went there and saw that he has received injuries on the face and head. Some unknown persons have murdered his father and his dead body is lying near the brick kiln. 5. Learned counsel for the applicant argued that the applicant is not named in the F.I.R. It is submitted that the implication of the applicant in the present matter is without any credible evidence. It is submitted the present case is a case of circumstantial evidence. There is no eye witness of the murder. It is submitted that investigation in the matter has been concluded and charge sheet has been submitted. It is further submitted that the applicant has no motive to commit the aforesaid offence. It is submitted that the applicant has no criminal history as stated in para 22 of the affidavit and is in jail since 31.10.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R. There is no eye witness of the murder. The links of the chain of circumstances are missing. 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- Lilo Manjhi be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of his family members and the other will be of a local person) 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad