Neutral Citation No. - 2025:AHC-LKO:10526 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1472 of 2025 Applicant :- Mansha @ Mansharam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Haridhwar Singh Kushwaha,Pawan Kumar Yadav,Vinod Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vinod Kumar Maurya, learned counsel for the applicant and Ms. Rafia Farooqi, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 06.12.2024 in Case Crime No.0369 of 2023, under Sections 504 & 304 IPC, Police Station Vibhuti Khand, District Lucknow. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the date of incident has been indicated as 29.06.2023 but the FIR has been lodged on 14.07.2023 and the aforesaid delay of 15 days has not been explained in the FIR. As per allegation of the FIR, general role of assault and beating has been attributed to all the accused person including the present applicant. He has further submitted that similarly placed co-accused has been granted bail in Criminal Misc. Bail Application No. 12759 of 2024 vide order dated 10.12.2024 and he claims parity of the same. Further, no specific role has been attributed to the present applicant. Learned counsel has stated that as per the FIR, the alleged incident took place on 29.06.2023 at about 11:30 PM whereas in the statement of the complainant recorded under Section 161 Cr.P.C., it has been indicated that the date of incident was 28.06.2023 at about 10:30 PM. Further, The present applicant is having no prior criminal history of any kind whatsoever and he undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 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 applicant. 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 there is delay of 15 days in lodging the FIR; general role of assault and beating has been attributed to all the accused persons including the present applicant and no specific role has been attributed to the present applicant; there is contradiction in the version of the FIR and the statement of the complainant recorded under Section 161 Cr.P.C. about date and time of the incident; similarly placed co- accused has been granted bail in Criminal Misc. Bail Application No.12759 of 2024 vide order dated 10.12.2024 and undertaking of the applicant that he shall cooperate in the proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 6. Accordingly, the bail application is allowed. 7. Let applicant (Mansha @ Mansharam) be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) 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 under Section 229-A of the Indian Penal Code. (iii) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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. If in the opinion of the trial court absence of the applicant 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 him in accordance with law. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 18.2.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench