Neutral Citation No. - 2025:AHC-LKO:14527 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1909 of 2025 Applicant :- Sandeep Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Santosh Kumar Tripathi,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Supplementary affidavit filed today by the counsel for the applicant is taken on record. 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. 99 of 2023, under Sections 323,504,506,341,308 IPC, Police Station- Colonelganj, District- Gonda. 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 the FIR is delayed by one day and no explanation is given therein. He next added that the general role has been assigned to all the accused persons including the present applicant. He further submits that there is material contradiction in the statements of the injured, complainant and the alleged eye-witness. He added that it seems that afterthought the name of the present applicant is implicated and that is due to animosity. He submits that the applicant has also received injuries and he himself is victim and added that the applicant is an student and the examination is going to be held since 19.3.2025 and if he is not released on bail, his entire career will be ruined. He also submits that the applicant has no previous criminal history and he is languishing in jail since 15.2.2025. He further submits 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 the applicant was involved in committing the aforesaid offence and thus, 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 FIR is delayed by one day and no explanation is given. Further, this Court has also noticed that there is a material discrepancy in the narration of the FIR as well as in the statement of the injured. As per the FIR, the role of the present applicant cannot be segregated. Further, the applicant has no previous criminal history and he is languishing in jail since 15.2.2025 coupled with the fact that the applicant 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- Sandeep Kumar Tiwari 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 :- 10.3.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench