Neutral Citation No. - 2025:AHC:89504 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17050 of 2025 Applicant :- Kamal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jeetendra Kumar Sharma,Laxmi Dubey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 46 of 2025, under Sections 115(2), 123, 85 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sahayal, District Auraiya during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is also submitted that the informant has falsely implicated the applicant in the said case. As per the prosecution story, the allegation against the applicant is that he has given poison to the victim but by way of filing an affidavit, the wife who is deponent herein has denied the said facts and submitted that due to quarrel between the applicant and victim i.e. wife, she had consumed some medicines and due to that, her health was deteriorating and she has been admitted in the hospital. It is admitted that the victim is deponent in the case and is doing pairvi on behalf of the applicant. It is also submitted that whatever happened as alleged in the FIR the applicant has not committed any offence intentionally and therefore there are no intent for commission of any offence as alleged. It is further submitted that the applicant is languishing in jail since 02.04.2025 and has no previous criminal history. It is next submitted that the investigation has been completed. The charge-sheet has been filed on 08.04.2025. The cognizance has already been taken by the competent court on 13.05.2025. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the facts as stated by learned counsel for the applicant during the arguments. 4. Heard learned counsel for the applicant as well as Sri Rajesh Kumar Gupta, learned AGA for the State and perused the record. 5. It is admitted fact that since the applicant is languishing in jail since 02.04.2025. He is a man of clean antecedents. The victim herself is parokar in the instant matter, therefore there are very little chance for conviction of the applicant if the trial has commenced in the instant matter. After completion of the investigation, the charge-sheet has been filed and the cognizance has already been taken by the competent court as stated above. The applicant is permanent resident of address given in the memo of parties. It is not brought in the notice of the Court that if the applicant will be enlarged on bail, he may misuse the bail conditions. It is also undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Kamal Singh who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) 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./351 B.N.S.S. 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 26.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad