Neutral Citation No. - 2025:AHC:64020 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23686 of 2024 Applicant :- Jay Prakash @ Nanhe Opposite Party :- State of U.P. Counsel for Applicant :- Brij Gopal Mishra,Ram Bihari Mishra,Vikas Upadhyay Counsel for Opposite Party :- G.A.,Gyanendra Singh Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicant, Sri Gyanendra Singh, learned counsel for the first informant, learned A.G.A. for the State and perused the record. This bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant Jay Prakash @ Nanhe Singh Fauji seeking enlargement on bail during trial in connection with Case Crime No. 0107 of 2024, under Sections 307, 504 IPC and 3/25 of the Arms Act, Police Station Pailani, District Banda. It has been submitted by learned counsel for the applicant that similarly placed co-accused Shiv Prakash Singh Alias Lal has already been granted regular bail by the co-ordinate Bench of this Court vide order dated 28.11.2024 in Criminal Misc. Bail Application No. 38363 of 20244. It has also been submitted that in the statement of the injured recorded under Section 161 Cr.P.C., no specific role of causing injury has been assigned to the applicant. Although the alleged weapon has been recovered on the pointing out of the applicant but the same has been recovered from the open place. There is no independent witness to the said recovery memo. It has further been submitted that there is a criminal history of two cases which have been explained in para 18 of the bail application as well as para 9 of the R.A.-2. It has also been stated that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the trial. Per contra, the learned A.G.A. for the State as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail but they could not dispute the aforesaid facts. 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. In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Jay Prakash @ Nanhe involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two reliable heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions which are being imposed in the interest of justice. (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) 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. is issued and the 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 of the Indian Penal Code. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 25.4.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad