Neutral Citation No. - 2025:AHC-LKO:36062 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5362 of 2025 Applicant :- Bhola Opposite Party :- State Of U.P. Thru. Prin. Sey. Deptt. Home Lko. Counsel for Applicant :- Randhir Singh,Dharmendra Kumar Rawat Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No. 205 of 2025, under Sections 3(5), 109(1), 115(2) BNS, Police Station P.G.I., District Lucknow. 3. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He next submits that the applicant is not named in the FIR and his name came into light after the statement recorded by police on 10.05.2025. He added that the informant is not an eye witness and he received the information from some person whose name has also not been disclosed yet. He next submits that the case of the present applicant is distinguishable from the case of the co-accused persons who are named in the FIR. He also submits that that applicant has no previous criminal history and he is languishing in jail since 12.05.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Thus, the submission is that the applicant may be enlarged on bail. 4. On the other hand, learned counsel appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the statement of the informant just after a day and even the injured has also named the applicant and thus, the applicant is not entitled for any relief. 5. Having heard learned counsel for the parties and after perusal of material placed on record, it transpires that the applicant is not named in the FIR and even the informant is not the eye witness further in the subsequent statement of the informant the applicant is named and it has not been disclosed that what is the reason the applicant was not named in the FIR by the informant while enlarging the FIR. This Court has also noticed the fact that the applicant has no previous criminal history, the applicant is languishing in jail since 12.05.2025; there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 6. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 7. Let the applicant- Bhola involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 (Now Section 269 BNS); (3) 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. (Now Section 351 BNSS); and (4) 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. (Now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (Now Section 209 BNS). The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 23.6.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench