Neutral Citation No. - 2025:AHC-LKO:34285 Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5073 of 2025 Applicant :- Vimal Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajiva Dubey Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 197 of 2020, under Sections 323, 504, 506, 452, 308 IPC, P.S.- Katra Bazar, District - Gonda. As per version of FIR, the present applicant including two other co-accused persons have assaulted the injured persons and injured have received serious injuries. It is contended by learned counsel for the applicants that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. He further added that there are cross version of FIR and more so, the FIR of the present applicant is lodged prior to the FIR lodged by the informant. He also added that both the parties have received injuries and it could not be asserted at this stage that which party is aggressor. He further added that there are general allegations against all the applicant and this could not be segregated that who is author of the injuries. He further submits that the applicant has no previous criminal history. The applicant is in jail since 20.05.2025. In case the applicant is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings. Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts. Having heard the learned counsel for the parties and after perusal of record, it is evident that there are cross version of the FIR; both the parties have received injuries; further it could not be asserted at this stage that which party is aggressor and who is author of the injury, coupled with the fact that he is languishing in jail since 20.05.2025, thus, without commenting on the merits of the case, I find it a fit case for bail. The co-accused persons namely Ram Naresh, Deena Nath and Rakesh Kumar have already been granted bail by a co-ordinate Bench of this Court vide order dated 23.09.2022 passed in Criminal Misc. Bail Application No.10976 of 2022. Considering the rival submissions as well as the facts and circumstances of the case and the material available on record also considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. Accordingly, the instant bail application is allowed. Let the applicant-Vimal Mishra involved in the above- mentioned case crime be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties, the following conditions shall be 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) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 3.6.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench