Neutral Citation No. - 2025:AHC-LKO:11492 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1709 of 2025 Applicant :- Subedar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashutosh Pathak,Vijay Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 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. 331 of 2024, under sections 333, 115(2), 351, 352, 109(1), 3(5) of the B.N.S.,2023, Police Station- Bijnor, District-Lucknow. 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 added that the alleged incident occurred in a spur of moments and there was no pre-meeting of minds. He next added that the main role is assigned to one, Bablu for assaulting with axe and thus, the role of present applicant is distinguishable from the role of co-accused,Bablu. He submits that the only role assigned to the present applicant including the other co-accused namely, Mukesh, is for beating with kicks and fists. He submits that the applicant is a law abiding citizen and he has no previous criminal history and the chargesheet has been filed, there is no possibility that he would tamper the evidences or would threaten the witnesses and he is languishing in jail since 05-12-2024. Further submitted that 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. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. 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 05-12-2024; there is no previous criminal history of the applicant as has been explained in paragraph 35 of the bail application; the role of the present applicant is distinguishable from the role of the co-accused, Bablu coupled with the fact that he has undertaken that if he is granted bail, he 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 applicant-Subedar, 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 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench