Neutral Citation No. - 2025:AHC-LKO:3990 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 577 of 2025 Applicant :- Mahesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail during the trial in Case Crime No.105 of 2024, under Section 307 IPC, Police Station Laliya, District Balrampur. It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. He further submits that general role has been assigned to all the accused persons and the applicant is alleged to have attacked with sharp edged weapon but injury reports are evident that those injuries were not caused with sharp edged weapon as lacerated wounds are evident from injury reports, thus, there is material doubt in the story of the prosecution. He further submits that identically situated co-accused persons, namely, Ram Manohar and Santosh Kumar have already been enlarged on bail by this Court vide order dated 25.11.2024 passed in Crl. Misc. Bail Application No. 6904 of 2024 and he is seeking parity of the same. He further submits that there is no previous criminal history of the applicant, which has been explained in para 123 of the bail application and the applicant is languishing in jail since 14.10.2024 and in case, the applicant is granted bail, he would not misuse the liberty and would co- operate in the trial proceedings. Per contra, learned AGA vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that general role has been assigned to all the accused persons; the applicant is alleged to have attacked with sharp edged weapon but injury reports are evident that those injuries were not caused with sharp edged weapon as lacerated wounds are evident from injury reports; identically situated co-accused have already been enlarged on bail; there is no previous criminal history of the applicant, which has been explained in para 23 of the bail application and the applicant is languishing in jail since 14.10.2024 and he has undertaken that he will not misuse the liberty of bail and would co-operate 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 case of bail. Let the applicant-Mahesh Kumar 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 will 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 :- 21.1.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench