Neutral Citation No. - 2025:AHC-LKO:36179 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5437 of 2025 Applicant :- Abdul Rahman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.,Manoj Kumar Singh Hon'ble Shree Prakash Singh,J. Sri Manoj Kumar Singh learned counsel has put in appearance on behalf of the complainant by way of filing vakalatnama which is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant, 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.81 of 2025, under Sections 308(5), 352, 351(2), 351(3) BNS, P.S.-Gusaiganj, District - Sultanpur. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that there is no cogent piece of evidence against the applicant so as to connect him with the instant matter and only assertion has been made for committing the offence in the F.I.R. He further added that charge sheet has been filed and thus, there is no possibility that the applicant would tamper with the evidence and threaten the witnesses. He also submits that there are four cases criminal history, which has been explained in paras 23 to 26 of the bail application and the applicant is languishing in jail since 4.3.2025 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. On the other hand, Sri Manoj Kumar Singh, learned counsel has opposed the contention aforesaid and submits that the applicant is involved in committing the offence. He further submits that the informant was a witness in a case where the applicant was convicted and for that reason, he came to the house and threatened him and asked one lakh rupees. He further submits that the applicant has four cases criminal history and out of those, one is of conviction, thus, the applicant is not entitled to any relief. Learned A.G.A. for the State has also supported the version of the counsel for the opposite party no.2 and submits that the applicant is not entitled to bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that charge sheet has been filed, as such there is no possibility of tampering with the evidence and threatening the witnesses; four cases criminal history of the applicant has been explained in paras 23 to 26 of the bail application; the applicant is languishing in jail since 4.3.2025 and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. Considering the submissions of learned counsel of both sides, 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 case of bail. Let the applicant Abdul Rahman 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 of the Indian Penal Code; (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.; 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. 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 of the Indian Penal Code. 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 :- 24.6.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench