Neutral Citation No. - 2025:AHC-LKO:47136 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1417 of 2025 Applicant :- Rahul Tiwari Opposite Party :- State Of U.P. Thru Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that in the marriage programme at the house of the informant, the son-in-law of the informant namely, Shailendra and his younger brother had come and they have been assaulted by Prashant Tiwari with a wooden log on their head, due to which they suffered serious injuries. They were taken to CHC, Unchahar from where they were referred to District Hospital, Raebareli for treatment. Learned counsel for the applicant submits that the applicant is not named in the FIR. The complainant in the first statement under Section 180 BNSS and in the re-statement has assigned the role of exhortation to the present applicant. The role of injury is on the co-accused Prashant. The complainant has been examined before the trial court as PW-1 who has not supported the prosecution case and has turned hostile. It is further submitted that the applicant has no criminal history and he is languishing in jail since 7.12.2024. 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. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the role assigned to the applicant in the first and re- statement of the complainant so also the fact that as per post- mortem report, there is one ante-mortem injury of contused swelling 14cm x 12cm on right temporal area of the deceased; the PW-1 complainant herself has turned hostile in the trial court; the applicant has no criminal history; he is languishing in jail since 7.12.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Rahul Tiwari involved in Case Crime No. 437 of 2024, under Sections 109, 103(1), 3(5) of B.N.S., Police Station- Unchahar, District- Raebareli, 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 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 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 12.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench