JUDGMENT : Shree Prakash Singh, J. 1.Heard learned counsel for the applicant, Sri Alok Kumar Tripathi, learned counsel for the complainant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 79 of 2023, under section 302 of the I.P.C., Police Station-Deeh, District-Raebareli. 3. As per the prosecution story, while lodging the first information report, it is narrated that on 11-03- 2023, when the son of complainant went to the field and did not return, a search was made, but, he could not be found and subsequently, on 12-03- 2023, dead body of his son was found in the potato filed of one, Ram Naresh Pal. 4. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant is not named in the first information report and the dead body of the deceased was found on the next day of the alleged incident in the field of one village man namely, Ram Naresh Pal. He next added that the statement of the informant, is evident that the same is got recorded, who stated that it is the applicant who could have murdered the deceased though he is not the eye witness. He submits that there is no eye witness of the alleged incident and further there is no such evidence against the applicant that he was involved in committing the offence. He next submits that the witnesses have stated under suspicion and there is no strong evidence against the applicant. He also submits that though, it has been said that a 'Lathi' is recovered on his pointing out, but, this could not be ascertained that the 'Lathi' is the same, as was used in the commission of offence as the same is not a lethal weapon and could not be identified/specified by any of the evidence. 5. Adding his arguments, he submits that the applicant has no previous criminal history and he is languishing in jail since 13-03-2023. 5. Adding his arguments, he submits that the applicant has no previous criminal history and he is languishing in jail since 13-03-2023. He also submits that the chargesheet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses and he has cooperated in the investigation proceedings. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings and thus, submission is that the applicant may be enlarged on bail. 6. Per contra, learned counsel appearing for the complainant has vehemently opposed the contentions aforesaid and submits that the applicant is named by the informant and there is a motive assigned to the applicant as there was some illicit relation with some relative of the deceased and therefore, once this was restrained by the informant and the deceased, the applicant being annoyed, had committed the murder of the son of the informant. He also submitted that the statement of one of the witness of the fact has been recorded and the matter will be concluded in near future and as such, the applicant is not entitled for any relief. 7. Per contra, learned AGA appearing for the State has also supported the version of the counsel for the complainant and submitted that there are ample evidences against the applicant and as such, the chargesheet has been filed against him and trial is in progress and therefore, the applicant is not entitled for any relief. 8. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is not named in the first information report and initially, the son of the informant was found missing on 11-03-2023 and subsequently, his dead body was found on 12-03- 2023 in the potato field of one village man namely, Ram Naresh Pal and there is no eye witness of the incident in question. 9. 9. This court has also noticed the fact that no lethal weapon is used in commission of the offence and the applicant has no previous criminal history and he has cooperated in the investigation proceedings and he is languishing in jail since 13- 03-2023 coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 10. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 11. Let the applicant- Virendra Kumar Lodh, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. 12. 12. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 13. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.