Neutral Citation No. - 2025:AHC:19028 Court No. - 90 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11693 of 2024 Applicant :- Ramakant Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ankita Gupta,Balram Pratap,Virendra Kumar Kori Counsel for Opposite Party :- G.A.,Santosh Kr. Singh Paliwal Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Ms. Ankita Gupta, learned counsel for the applicant, learned A.G.A. for the State as well as Shri Manoj Tripathi, Advocate, holding brief of Shri Santosh Kumar Singh Paliwal, learned counsel for the informant and perused the record. 2. Learned counsel for the applicant submits that in the F.I.R. as well as in his statement before the police the informant who is brother of the deceased has alleged that on the informant received by his sister when he reached at the spot along with his son Vikas @ Alok, he saw that the accused-Surendra Yadav was caught holding his brother, while the accused-applicant Ramkant Pandey and two other persons were having weapons were also standing there, and the applicant shot the deceased by his firearm holding his hands. Learned counsel for the applicant further submits during the course of trial the informant was produced as P.W.1, who has not supported the prosecution case by stating that after receiving information of death of his brother he reached the hospital up till then he was not having any information regarding the accused persons and after cremation on the saying of some people he described the name of accused in the F.I.R. as Surendra Yadav, Ramakant Yadav and Pawan, and after sometime it ascertained to him that these people are not involved in the said incident. This witness also denied that the accused persons present in the court below have no connection with the alleged incident and on suspicion he described their names in the F.I.R. Thus, learned counsel for the applicant submits that there is bleak chance that prosecution may prove its case beyond reasonable doubt and the applicant may be convicted. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 28.06.2023, having no criminal history and has already undergone a substantial period of incarceration, therefore, he deserves to be enlarged on bail sympathetically. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged before conclusion of trial, therefore, he does not deserve any indulgence, but they have not disputed the above facts asserted on behalf of applicant. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all 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, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant-Ramakant Pandey, involved in Case Crime No. 311 of 2023, under Sections 302, 504, 506, 34, 120B I.P.C. and Section 3/25/27 of Arms Act, Police Station Mubarakpur, District Azamgarh, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- (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 82 Cr.P.C., 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 174-A I.P.C. (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 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 and the trial court may proceed against him under Section 229-A IPC. 6. 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 in accordance with law. 7. The bail application is allowed. Order Date :- 10.2.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad