Neutral Citation No. - 2025:AHC-LKO:36106 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5345 of 2025 Applicant :- Mohmmad Arsad @ Asad @ Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Rajesh Kumar Singh,Rakesh Kumar 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. 0062 of 2025, under Sections 74, 352 and 64(1) of BNS, Police Station Wazirganj, 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 further submits that there is no cogent evidence against the applicant so as to connect him in the instant matter and due to animosity the FIR is lodged and the applicant is named in the FIR. He also added that the FIR is delayed by two days and there is no plausible explanation given thereof. Further submission is that the chargesheet has been filed and as such there is no possibility that the applicant may tamper the evidences or flee away from the investigation proceedings. He also submits that the applicant is a law abiding citizen and he is languishing in jail since 04.05.2025 and there is no previous criminal history 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. 4. Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that there is serious allegation against the applicant and after thorough investigation the chargesheet has been filed 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 FIR is delayed by two days and there is no plausible explanation and further the chargesheet has been filed and as such there seems to be no possibility of fleeing away. Further, the applicant is languishing in jail since 04.05.2025. 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- Mohmmad Arsad @ Asad @ Raju 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