Neutral Citation No. - 2025:AHC-LKO:10639 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1522 of 2025 Applicant :- Shriram And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A.,Ajeet Kumar Singh Hon'ble Shree Prakash Singh,J. Shri Ajeet Kumar Singh, Advocate has put in appearance on behalf of the complainant by way of filing Vakalatnama and the same is taken on record. Heard learned counsel for the applicants, learned counsel for the complainant, 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. 415 of 2024, under Sections 3(5), 105, 115(2), 352 B.N.S., Police Station- Sandila, 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 submits that in the FIR, the general role has been assigned to all the accused persons for beating the injured with 'Lathi', whereas the applicant no. 1, namely, Shriram, who is 70 years of age, has been attributed the role of exhortation. He added that the general role has been assigned to the applicant no. 2, namely, Virendra for beating the injured with 'Lathi', though there is no ample evidence of the same. He next added that the injured had also not assigned any specific role to the present applicants. He submits that the main role is assigned to one co-accused, namely Vineet for beating with 'Lathi' and thus, the role of present applicants are distinguishable from the role of the other co-accused persons. He next submits that the applicants have no previous criminal history and they are languishing in jail since 24-12-2024 and they undertake that 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 counsel appearing for the complainant has opposed the contentions aforesaid and submits that the present applicants are named in the first information report and the role is assigned to them and they were involved in committing the offence and as such, they are not entitled for any relief. Learned AGA appearing for the State has also supported the version of the counsel for the complainant and submits that the applicants 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 24.12.2024; the injured has assigned an specific role to one of the co-accused Vineet, for beating with 'Lathi' but not to the present applicants and thus, the matter against the applicants would not lead to punishment. Further, the role of present applicants is distinguishable from the role of the co-accused namely Vineet; there is no previous criminal history of the applicants as is explained in paragraph no. 19 of the bail application 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-Shriram & Virendra, involved in the aforementioned crime be released on bail, on their furnishing personal bonds 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 :- 18.2.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench