Neutral Citation No. - 2025:AHC-LKO:15813 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2313 of 2025 Applicant :- Aniket Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bhupendra Veer Singh,Abhishek Kumar Singh,Aman Bahadur,Pawan Kumar Maurya,Siddhant Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.390 of 2024, under Sections 351(2), 109(1), 191(2) of BNS., registered at P.S.-Kheri, District -Lakhimpur Kheri. 3. As per contents of First Information Report, the incident is said to have occurred on 06.09.2024 at about 8.30 p.m. when the applicant along with co-accused allegedly opened fire upon the husband of the informant leading to injuries. 4. It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him and has been implicated only on account of previous enmity between the parties. 5. It has been submitted by learned counsel for the applicant that there is serious contradiction in the eye witness account and that of the injured. It is also submitted that as per eye witness account, main role has been assigned to one Jagmohan, who has been enlarged on bail by the coordinate bench of this Court in Criminal Misc Bail Application No.2141 of 2025. It is also submitted that there is only a single injury whereas role of firing has been attributed to five persons as per eye witness account and three persons as per the injured. It is further submitted that previous criminal history of the applicant has been explained in para 13 of the affidavit filed in support of the application in which he has already been enlarged on bail as indicated therein. 6. Learned A.G.A. while opposing bail application does not dispute that there is two previous criminal cases registered against the applicant in which he has already been enlarged on bail. As per instructions, he submits that in the confessional statement, co-accused Jagmohan, has already admitted to his role of firing upon the injured leading to his injuries. 7. Considering the submissions advanced by learned counsel for parties, prima facie and subject to evidence to be recorded during trial, it appears that there is contraction in the statements of eye witness and injured which would require explanation and the general role of firing has been assigned to all the accused persons. 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. Let applicant, Aniket, involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. (ii) 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 of the Indian Penal Code. (iii) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 19.3.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench