Neutral Citation No. - 2025:AHC-LKO:41673 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1586 of 2025 Applicant :- Mritunjay Mani Pathak @ Jay Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Satyam Pandey,Atul Tripathi,Girish Kumar Pandey,Sanjai Kumar Pandey,Tripuresh Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the nephew of the complainant while returning from the house of Ankit Pandey on 3.8.2024 at about 12.00 in the night when he reached coal depot, the named accused persons along with two unknown persons, armed with iron rod, chain of bike and other sharp edged weapons have attacked him. Due to this, the nephew of the complainant Anand Singh has sustained head injury. Ankit and Chiku Pandey were also injured. 3.Learned counsel for the applicant submits that general role of beating has been attributed on all the accused persons. There is no specific role assigned to the applicant. The applicant has explained criminal history in para 17 of the bail application. Charge sheet has been filed. Nothing has been recovered from the applicant. The applicant is in jail since 26.9.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submitted that apart from the main injured, there are two more injured also. 5.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history in the bail application, general role has been assigned against all the accused persons, nature of injuries sustained, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Mritunjay Mani Pathak alias Jay Pathak, involved in Case Crime No.0416 of 2024 under sections 191(2), 115(2), 109(1), 118(1), 352, 351(3) b.N.S., P.S. Kotwali Ayodhya, district Ayodhya, 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 under Section 229-A I.P.C. (now 269 BNS) (vi) 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. (now 84 BNSS) 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 21.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench