HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 700 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that on 30.09.2024 at about 6:00 p.m., the named accused persons assaulted the brother of the informant with lathi and danda, causing him grievous injuries. He was thereafter taken to the hospital by ambulance. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is urged that the prosecution case contains only general allegations. Even the eye-witness, Arjun Saroj, has levelled general allegations without attributing any specific role to the applicant. The alleged recovery of danda is false. There is no independent witness to the said recovery. The co-accused Vikas has been granted bail by this court vide order dated 1.9.2025 in Bail No.8202 of 2025. 4. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. On the other hand, learned AGA has opposed the bail application, submitting that the deceased sustained seven antemortem injuries and the Versus Counsel for Applicant(s) : Suresh Chandra Srivastava, Brijesh Kumar Yadav, Vaibhav Srivastava Counsel for Opposite Party(s) : G.A. Sonu .....Applicant(s) State Of U.P. Thru. Its Secy. Home Lko. .....Opposite Party(s) cause of death has been opined as hemorrhage and shock due to antemortem injuries. It is further pointed out that the applicant has been assigned the role of using a danda. However, learned AGA submits that the FSL report does not support the prosecution case insofar as the present applicant is concerned. 6. Perused the record. 7. Prima facie, from the nature of antemortem injuries, it appears that the deceased suffered two fatal wounds, i.e. injury nos. 1 and 2. From the prosecution case, it is not clear as to who has been assigned the role of causing these two injuries. It is also noticed that all family members of the applicant, including the women, have been named in the FIR. 8. Considering the overall facts and circumstances, coupled with the fact that the applicant is in custody since 01.10.2024 without any criminal antecedents, bail order of co-accused Vikas, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed, on parity ground. 10. Let the applicant Sonu, involved in Case Crime No-253 of 2024, Under section-191(2), 191(3), 115(2) 117(2),352,351(2),103(1) of the Bhartiya Nyaya Sanhita (B.N.S), 2023, Police Station-Jamo District-Amethi, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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 BAIL No. 700 of 2025 2 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. (v) The applicant 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 in accordance with law. (vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 11. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 19, 2025 kkb/ BAIL No. 700 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench