Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:139305 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24554 of 2025 Applicant :- Lal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Manvendra Singh, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Lal Singh with a prayer to enlarge him on bail in Case Crime No. 52 of 2025, under Sections 103 (1) B.N.S. Police Station-Hathgaon, District-Fatehpur, during pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 15.03.2025. He further submits that first information report was lodged by the first informant that a telephonic information was given by one Jhallar Yadav, to the first informant, who informed him that the brother in law of the applicant namely Rambaran Singh, was murdered by any one while he was sleeping on his Tubewell. Learned counsel for the applicant submits that neither the applicant was named in the first information report nor his name has been surfaced in the statement of the first informant. Name of the applicant has been surfaced in the confessional statement of the co-accused Shiv Baran, brother of the deceased. Shiv Baran, the main accused in his confessional statement has admitted that he had given blow by axe over the head of the deceased and the applicant only helped him in dragging the dead body of the deceased. In the present case charge sheet has been filed. Applicant has no Criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the fact that the applicant has
no criminal antecedents. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Lal Singh, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 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 :- 14.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad