Neutral Citation No. - 2025:AHC-LKO:23335 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3439 of 2025 Applicant :- Alok Kumar Mishra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Sachin Tiwari 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 and perused the record. 2. This first bail application has been filed with regard to Case Crime No. 0239 of 2024 under Sections 109, 115(2), 352, 351(3) BNS, P.S. Hathigawan, District Pratapgarh. 3. As per contents of FIR, the incident is said to have taken place on 14.11.2024 between 05:30 to 06:00 AM when the applicant allegedly attacked the husband of informant inflicting serious injuries upon him. 4. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him particularly with regard to imposition of Section 109 BNS since the injury report does not corroborate the allegations levelled and particularly do not indicate any grievous injury being suffered by the injured. It is submitted that at best it can be said that altercation had taken place at the spur of moment without any premeditation. It is submitted that applicant is under incarceration since 24.11.2024 and does not have any previous criminal history. 5. Learned AGA appearing on behalf of State opposed the prayer for bail application with the submission that the injury report clearly indicates injury being suffered on the head which is a vital part. It is, however, admitted that applicant does not have any previous criminal history. 6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 7. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage it appears that the aspect of injury being suffered on the spur of moment without any premeditation would be subject matter of evidence during the course of trial. However, the injury reports may not indicate any grievous injury being suffered by applicant on the vital part. The applicant is under incarceration since 24.11.2024 without any previous criminal history. 8. Considering the submissions of learned counsel 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. 9. Accordingly bail application is allowed. 10. Let applicant- Alok Kumar Mishra 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 269 BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 209 BNS. (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 351 BNSS. 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 :- 24.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench