Neutral Citation No. - 2025:AHC-LKO:15974 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2335 of 2025 Applicant :- Lokesh Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rahul Roshan Dubey,Amit Kant Saxena 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 State while power on behalf of complainant has been filed by Dr Shashi Kant Triapathi, Advocate. 2. This first bail application has been filed with regard to Case Crime No.-20 of 2025, under Sections 190, 191(2), 191(3), 109, 352 BNS, P.S.-Kotwali Dehat, District Sultanpur. 3. As per contents of FIR, the incident is said to have occurred on 18.01.2025 at about 6.00 am when the applicant along with co-accused is said to have inflicted injuries upon the informant, his uncle and other family members. 4. 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 applicant was never involved in committing any offence and the injuries are simple in nature. He next added that both the parties have received injuries and this cannot be segregated at this stage that which party was aggressor. He submits that the applicant is a law abiding citizen and he is languishing in jail since 24-01-2025 and the parties have entered into a compromise,which is appended as Annexure No.3 to the bail application. He also 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. It has been submitted that co-accused have already been granted protection by this Court in Criminal Misc Writ Petition No.1600 of 2025 as well as the fact that another co-accused Hausila Prasad Pandey has already been enlarged on bail by this Court in Criminal Misc Bail Application No.1958 of 2025 vide order dated 11.03.2025. 5. Learned A.G.A. appearing on behalf of the State opposed the prayer for bail but does not dispute the aforesaid factual situation. 6. 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. 7. Accordingly bail application is allowed. 8. Let applicant -Lokesh Pandey 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