Neutral Citation No. - 2025:AHC-LKO:20476 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2575 of 2025 Applicant :- Vishal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A.,Ashish Kumar,Shyam Shankar Upadhyay Hon'ble Manish Mathur,J. Heard learned counsel for the applicant, learned AGA for the State and Mr. Ashish Kumar learned counsel for complainant and perused the record. Counter affidavit of State and complainant filed today are taken on 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.227 of 2024, under Sections 109, 191(2), 191(3), 190 of BNS Police Station Motigarpur, District Sultanpur. As per contents of F.I.R.,the incident is said to have taken place on 03.09.2024 when certain unidentified persons attacked the brother of informant due to which he sustained serious injuries. 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 applicant is not named in the First Information Report and his name came into light after the statements of the witnesses are recorded under Section 161 of Cr.P.C. He submits that the main role is assigned to one Subham Tiwari for opening firing which also hit to the injured and thus, the role of the present applicant is distinguishable from the role of the main accused. Next submission is that the applicant has 2 cases criminal history which has been explained in paragraph no. 16 of the bail application and chargesheet has been filed in the matter, as such there is no possibility that the applicant would tamper the evidences. Further submission is that the applicant is a law abiding citizen and he is languishing in jail since 03.01.2025 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings, thus submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is involved in commission of the heinous offence and as such, he is not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the applicant is not named in the FIR; the name of the applicant came into light in the statements of the prosecution witnesses; the main role is assigned to one Subham Tiwari for opening firing, as such the case of the present applicant is distinguishable from him; the applicant has explained seven cases criminal history and the chargesheet has been filed in the matter, therefore, there is no possibility that the applicant would tamper the evidences and he is languishing in jail since 03.01.2025 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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- Vishal Singh 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 :- 10.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench