Neutral Citation No. - 2025:AHC-LKO:35173 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5254 of 2025 Applicant :- Ram Ashrey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaustubh Singh,Dinesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 155 of 2025, under Sections 3(5), 115(2), 109, 103(1) B.N.S., Police Station- Ghunghter, District- Barabanki. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and he is in jail since 29.04.2025. He further submits that general allegations have been leveled against the applicant for causing injury, but main role for causing injury to Parshuram is assigned to Ankit and Rakesh. He next submits that as per the prosecution case, it is a case of sudden provocation and the investigation is going on. He lastly submits that as the applicant is ready to cooperate in the investigation, he may be enlarged on bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that in the injured persons' statements, they have leveled allegations against the applicant and others. However, he does not the dispute the fact that main allegation for causing causing injury to Parshuram is assigned to Ankit and Rakesh. 5. Considering the submissions of learned counsel for the parties and going through the contents of the record, it is evident that this is a case of sudden provocation, but no injury is found on the body of the informant as well as his wife. It is also evident that main role for causing injury to Parshuram is assigned to Ankit and Rakesh. Therefore, it is a fit case for bail. 6. The bail application is allowed. 7. Let the applicant- Ram Ashrey who is involved in aforementioned 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 subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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., may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 10.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench