Neutral Citation No. - 2025:AHC-LKO:28077 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4118 of 2025 Applicant :- Sachin Rathore Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ajeet Kumar Singh 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. 120 of 2025 under Section 109 BNS, P.S. Kotwali Sahar, District Hardoi. 3. As per contents of FIR, the incident is said to have taken place on 12.02.2025 at about 09:00 p.m when the applicant alongwith co-accused are said to have been instrumental in grievous injuries leading to amputation of the informant's grand son. 4. It is submitted that applicant has been falsely implicated in allegations levelled against him and as indicated serious contradiction in the contents of FIR and that of statement of injured to the effect that in the FIR it has been alleged that it was in fact the applicant who sought to save the informant's grand son by dragging him out from under the train. It is submitted that applicant is under incarceration since 13.03.2025 without any previous criminal history. 5. Learned AGA opposed the prayer for bail application with the submission that inured has in fact clearly nominated the applicant along with co-accused as they instrumental in the incident in which both his legs and right hand was amputated. It is however admitted that the 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 there is serious contraction with regard to role of applicant in the FIR as opposed to the statement of injured which also admits that the injured was intoxicated at the time of incident. Even in the statement, there does not appear to be any specific role assigned to the applicant in the incident. The applicant is under incarceration since 13.03.2025 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, Sachin Rathore 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