Neutral Citation No. - 2025:AHC:4875 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22729 of 2024 Applicant :- Ram Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present second bail application has been filed by the applicant in Case Crime No. 113 of 2021, under Sections - 302 I.P.C., Police Station - Baraur, District - Kanpur Dehat, with the prayer to enlarge the applicant on bail. The first bail application was dismissed for want of prosecution vide order dated 15.03.2024. 3. The informant has lodged first information report on 27.12.2021 alleging that his son was taken away by the applicant accused and thereafter he was made to drink liquor and applicant and his brother-in-law Avinash @ Baggad and one Lavkush assaulted him with lathi and stick. The son of informant has taken an amount of Rs. 1,50,000/- from these accused persons. Some persons, who saw the incident, ran to spot saved his son and that applicant was apprehended at spot. The first information report was registered under Section 308 I.P.C. and after five days deceased has died and after that section 302 I.P.C. was added. 4. Learned counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in this case. The informant is not eye-witness of alleged incident but by way of his supplementary statement, informant as well as his wife have tried to show themselves as eye-witness. The allegation that the applicant has taken away the deceased or assaulted him is wholly false. There is no independent witness of incident. There is nothing to show that applicant was apprehended at spot, rather he was arrested on 04.01.2022. The deceased was a person of criminal background and earlier he was arrested by police in NOIDA after encounter, wherein he has sustained fire arm injury. It was submitted that it is quite probable that deceased might have been assaulted and murdered by some other persons. The co-accused Smt. Rama Devi has been granted bail by this Court. The statements of material witnesses have been recorded before the Trial Court and thus, there is no possibility of tampering with the evidence. The applicant has no criminal history and that he is in jail since 04.01.2022. Lastly, it was stated that in case the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the bail application and submitted that applicant is named in the first information report. There is specific allegation that applicant has taken deceased from his home and thereafter he was assaulted by applicant and co-accused persons. The recovery of stick used in the incident has also been made at the instance of applicant. 6. I have considered the rival submissions and perused the record. 7. It appears from the record that material witnesses have already been examined before the Trial Court and thus, there is no possibility of tampering with the evidence. In the first information report, the informant has not mentioned that he has witnessed the incident. The applicant has already undergone detention of three years and it appears that trial of the case would take sufficient long time . 8. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. 9. Accordingly, the second bail application is allowed. 10. Let the applicant - Ram Kumar involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 11. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 9.1.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad