Neutral Citation No. - 2025:AHC-LKO:28084 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4122 of 2025 Applicant :- Ramu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Dharm Trivedi 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. 91 of 2025, under Sections 109(1), 118(1), 117(2), 351(2), 352, 333, 115(2), BNS, P.S. Kheri, District Lakhimpur Kheri. 3. As per contents of FIR, incident is said to have taken place on 12.03.2025 at about 09:30 AM when the applicant alongwith co-accused are said to have attacked the informant and his brothers inflicting serious injuries upon them. 4. It is submitted that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that even in the FIR as well as in the statement of injured, only general allegations of inflicting injuries have been levelled without any specific role being assigned. It is submitted that even in the injury report indicates only simple nature of injuries having been suffered. It is submitted that applicant is under incarceration since 20.03.2025 without any previous criminal history. 5. Learned AGA has opposed the prayer for bail application with the submission that injury report of injured Sandeep indicates lacerated wound and a fracture having been suffered. It is however, admitted that applicant does not have any previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that only general allegations have been levelled against all the nominated persons of having caused injuries which even otherwise are indicated only simple in nature having been caused by hard and blunt object except in the case of injured Sandeep, who is said to have suffered a fracture. The aspect of altercation taken place on whisper would require consideration as well as the aspect of imputation of Section 109 (1) BNS in the light of injury suffered. The applicant is under incarceration since 20.03.2025 without any previous criminal history. 7. 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. 8. Accordingly bail application is allowed. 9. Let applicant, Ramu 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 :- 14.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench