Neutral Citation No. - 2025:AHC-LKO:39736 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6020 of 2025 Applicant :- Haneef Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Awasthi,Anand Kumar Shukla Counsel for Opposite Party :- G.A.,Avnish Kumar Tiwari Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 13.2.2025 at about 1.30 hours, the applicant along with the co-accused persons armed with iron rod, sariya, belcha, hammer and countrymade pistol with a common intent went into the house of the complainant. When the wife of the complainant objected, the accused persons beaten her with kicks and fist, due to which she started bleeding which resulted in miscarriage. The victim is living in the ancestral house of the father of the complainant. Learned counsel for the applicant submits that general allegations have been levelled in the prosecution case against all the accused persons including the applicant and 20 unknown persons. There is no independent witness in the prosecution case. The victim has sustained three injuries, out of which two are contusions and one is complaint of pain. Learned counsel for the applicant next submits that no offence under Section 190 of BNS is made out. There was no intention to cause the death of the unborn child. In support of his contentions, he has relied upon the judgement of this Court in re: Jabbar and others vs. State, AIR 1966 ALLAHABAD 590: 1966 ALL. L. J. 1046. It is lastly submitted that the applicant is the son of the co- accused Raza Mohammad. He has no previous criminal history and he is languishing in jail since 5.5.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the statement and medical examination report of the injured so also the fact that general allegations have been levelled against 22 persons including the applicant without assigning any specific role; applicant is languishing in jail since 5.5.2025 having no criminal antecedents and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Haneef involved in Case Crime No. 58 of 2025, under Sections 190, 191(2), 193(3), 333, 115(2), 352, 351(3), 324(5), 92 of BNS, Police Station- Kotwali Dehat, District- Hardoi, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (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) 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. (v) 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 of B.N.S. Order Date :- 11.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench