Neutral Citation No. - 2025:AHC-LKO:11666 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2475 of 2024 Applicant :- Asgar Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 355 of 2023, under section 147, 323, 504, 506, 326 of IPC, P.S.- Maharajganj, District - Raebareli. 3. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that in fact the applicant is named in the FIR because there was some enmity regarding property between the parties and on the instance of the village person, the informant has been implicated the applicant and the story narrated in the FIR is concocted and false. He submits that the statement of the injured, namely, Niyaz Ahmad @ Nihal Ahmad is recorded before the trial court, which is appended as Annexure No.SA-01 of the supplementary affidavit, it is evident that the applicant himself had fallen down on the sharp edged weapon i.e. fawda and because of the same, one of the part of the finger was amputated. He has also drawn attention of this Court towards the statement of one Haimutun Nisha, who has also not supported the prosecution story in her statement before the trial court. He added that in fact the name of the applicant is implicated due to animosity and after the statement of the injured recorded before trial court, the matter will not lead to punishment. Further submission is that the applicant is a law abiding citizen, the applicant has no previous criminal history and he is languishing in jail since 21.12.2023 and there is no possibility that the trial would be concluded in the near future. The applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 4. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief. 5. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 21.12.2023; The applicant is named in the FIR because there was some enmity regarding property and on the instance of the village person, the informant has implicated the applicant; the applicant himself had fallen down on the sharp edged weapon i.e. fawda as per his statement before the trial court; the applicant has no previous criminal history; there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 6. Considering the submissions of learned counsels for the parties, 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. 7. Let the applicant- Asgar Ali 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, 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 :- 24.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench