Neutral Citation No. - 2025:AHC-LKO:3401 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 411 of 2025 Applicant :- Pushpender Singh @ Nakvi And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Jay Prakash Singh Vats,Ajay Kumar Soni Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Yugal Kishor Tripathi, 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 applicants, Sri Yugal Kishor Tripathi, learned 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. 60 of 2024, under sections 147, 148, 307, 308, 323, 325, 504, 506 of the I.P.C.,Police Station- Sangramgarh, District-Pratapgarh. Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He added that the general role has been assigned to the present applicants for attacking with 'Lathi' over the injured, though, the weapon i.e. 'Lathi' is recovered on the pointing of one co-accused namely, Adalat. He next added that no specific role has been assigned by the injured to the present applicants in his statement recorded under section 161 of Cr.P.C. and the applicants have two cases criminal history, which has been explained in paragraph no. 19 of the bail application and they are law abiding citizens and are languishing in jail since 30-08-2024. Further submitted that the applicants undertake that in case, they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned counsel appearing for the complainant has opposed the contentions aforesaid and submits that the applicants are named in the first information report and the injured has received serious injuries as there are four fractures over the body of the injured and the age of the injured is not recoverable and there are two cases criminal history of the applicants and thus, they are not entitled for any relief. Learned AGA appearing for the State has also supported the version of the learned counsel for the complainant and submits that the applicants are not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 30-08-2024; two cases criminal history of the applicant has been explained; the general role has been assigned to the present applicants coupled with the fact that the applicants have undertaken that if they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. 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. Let the applicants-Pushpender Singh @ Nakvi & Pushpa @ Radha, involved in the aforementioned crime be released on bail, on their furnishing personal bonds and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) The applicants 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 applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 :- 20.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench