HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2999 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned counsel for the complainant and learned Additional Government Advocate for the State- respondents. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 5.10.2024 in Case Crime No.375 of 2024, under Sections 115(2), 191(2), 351(3), 352, 109, 103(1) B.N.S., Police Statio Gosainganj, District Lucknow. 3. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as she has not committed any offence as alleged in the prosecution story. It is also submitted that in the statement under section 161 CrPC, the complainant has assigned similar role to the applicant and the co-accused Suraiyya who has been granted bail, however, while giving re-statement, improvement has been made by the complainant. 4. As per prosecution story, so narrated in the F.I.R., the present applicant along with five other co-accused persons have assaulted and beaten the victim (since deceased) through the kitchen items and burning wood, which is used to cook food. As a matter of fact on a trivial dispute occurred on account of distribution of food on Barawafat two parties started fighting and Versus Counsel for Applicant(s) : Bhoopal Singh, Dileep Kumar Saini, Himanshu Mohan, Pawan Kumar Counsel for Opposite Party(s) : G.A., Chandan Srivastava, Pranshu Agrawal Noor Alam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) the present applicant along with her husband and other co-accused have beaten Sakir mercilessly. The cause of death is ante mortem head injury. The present applicant was assigned the role of having burning wood, which is used to cook the food and the deceased sustained such burn injury on his thigh.The deceased has not received fatal injury by the present applicant, even if the prosecution story on its face value is considered to be true. The incident is an outcome of the sudden quarrel, wherein there was no intention or motive to kill the victim. The present applicant has got no criminal history and he undertakes that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. The co-accused Suraiyya has been granted bail vide order dated 6.2.2025 passed in Bail No.345 of 2025. Another co-accused Afroz has also been granted bail vide order dated 6.2.2025 passed in Bail No.172 of 2025. 5. Learned A.G.A. as well as complainant's counsel have opposed the aforesaid prayer of learned counsel for the applicant. They have submitted that all the accused persons including the present applicant have mercilessly beaten the victim, who succumbed to such injuries, therefore, this bail application may be rejected. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R., other material available on record, the undertaking of the present applicant that he shall co-operate in the trial proceedings properly, bail of co-accused, referred to above, I am of the view that the present applicant may be released on bail. 7. Let the present applicant Noor Alam be released on bail in the aforesaid case crime number 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:- (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 BAIL No. 2999 of 2025 2 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 him 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 her in accordance with law. 8. In view of the aforesaid terms, the bail application is allowed on the ground of parity. September 16, 2025 kkb/ BAIL No. 2999 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench