Neutral Citation No. - 2025:AHC-LKO:1026 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 87 of 2025 Applicant :- Ram Sundar Urf Sundar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Deptt. Of Home Counsel for Applicant :- Ashutosh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Dheeraj Awasthi, advocate, has put in appearance by way of filing vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, Sri Dheeraj Awasthi, counsel for the complainant, learned A.G.A. for the State and perused the record. 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. 242 of 2024 under sections 352, 351(2), 351(3), 115(2) and 109 BNS P.S.- Baghrai District - Pratapgarh. The 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 submits that the role attributed to the present applicant is attacking with axe though, the injury report states otherwise as there are lacerated wound mentioned in the injury report. He added that there is no case against the applicant and the injury report demolishes the prosecution story. He further submits that the applicant has three cases criminal history which has been explained in paragraph no. 17 of the affidavit filed in support of the bail application. He next submits that the chargesheet has been filed and there is no possibility that he will tamper the evidences and he is languishing in jail since 20.07.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Sri Dheeraj Awasthi, counsel for the complainant has vehemently opposed the contentions aforesaid and submits that the first information report was lodged on 16.07.2024 wherein, the present informant is the witness of the incident and subsequently, the offence is committed by the applicant so as to tamper the evidence and to threaten the witnesses. He further submits that the applicant has three cases criminal history and as such, he is not entitled for any relief. Learned AGA appearing for the State has also supported the version of counsel for the complainant and submits that after thorough investigation, the chargesheet has been filed and the applicant was found involved in committing the offence and therefore, he is not entitled for bail. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires the nature of the injuries are of lacerated wounds whereas, the specific role is assigned in the first information report as well as in the statement of the injured that the applicant had attacked with the axe and thus, the injuries do not corroborate the prosecution story; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence and he is languishing in jail since 20.07.2024; the applicant has three cases criminal history which has been explained in paragraph no. 17 of the affidavit filed in support of the bail application coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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. Let the applicant- Ram Sundar Urf Sundar Singh 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 sufficient 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. 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. 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. Order Date :- 7.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench