Neutral Citation No. - 2025:AHC-LKO:3483 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 480 of 2025 Applicant :- Kadir @ Manau And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajey Singh, learned counsel for the applicants, Sri Harishankar Maurya, learned A.G.A. for the State and Sri Manoj Kumar Singh, who has filed Vakalatnama on behalf of the informant/ complainant. Said Vakalatnama is taken on record. 2. As per learned counsel for the applicants, the present applicants are in jail since 12.11.2024 in Case Crime No.0532 of 2024, under Sections 105, 115 (2) & 352 of B.N.S., 2023, Police Station – Kotwali Nanpara, District – Bahraich. 3. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in the case as they have not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein general allegation of beating and assault has been levelled against five accused persons including the present applicants as no specific role has been attributed to the present applicants. The victim (since deceased) received one simple injury i.e. abrasion over the left side of his neck. Cause of death could not be ascertained, therefore, viscera has been preserved. The applicants are having no prior criminal history of any kind whatsoever. Investigation is pending. Further, the applicants undertake that if they are released on bail, they shall co-operate in the investigation and if charge sheet is filed against them, they shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicants shall abide by all terms and conditions of the bail order. 4. Learned A.G.A has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicants. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that general allegation of beating and assault has been levelled against five accused persons including the present applicants as no specific role has been attributed to the applicants; the victim (since deceased) received one simple injury i.e. abrasion over left side of his neck; cause of death could not be ascertained, therefore, viscera has been preserved; the applicants are having no prior criminal history of any kind whatsoever and undertaking of the applicants that they shall cooperate in the investigation and if charge sheet is filed against them, they shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicants on bail. 6. Accordingly, the bail application is allowed. 7. Let applicants- Kadir alias Manau and Sameer be released on bail in the aforesaid case crime number on both of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) 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. 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. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 208 of the B.N.S., 2023. (iv) 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 351 of the B.N.S.S., 2023. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. (v) The applicants shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 20.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench