Neutral Citation No. - 2025:AHC-LKO:11994 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1356 of 2025 Applicant :- Shivendra Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Laxmi Narayan Gupta Counsel for Opposite Party :- G.A.,Ajay Kumar Tripathi Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 862 of 2024, under sections 109(1), 324(4) of the B.N.S., Police Station-Kotwali City, District-Hardoi. 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 main allegation is against one, Devendra Singh @ Devu for assaulting with sharp edged weapon and there is only one injury over the neck of the injured. He next added that the allegation in the first information report is evident that the applicants including the other co-accused persons, have been attributed the role of pelting stones and bricks and there is no such injury on the body of the injured. He next added that the informant has also changed his version during the course of his statement recorded before the police, which is evident from S.A.-1, page no. 5 of the Supplementary Affidavit and thus, the story of the prosecution is highly doubted. He submits that the applicants have no previous criminal history and they are languishing in jail since 28-12-2024. 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 AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicants and as such, they 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 applicants are languishing in jail since 28-12-2024; there is no previous criminal antecedent of the applicants as has been explained in paragraph 14 of the bail application; the main allegation is against co-accused, Devendra Singh @ Devu for assaulting with sharp edged weapon 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-Shivendra Singh and Rishi, 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 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 sufficient 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 them, 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 :- 27.2.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench