Neutral Citation No. - 2025:AHC-LKO:36400 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5625 of 2025 Applicant :- Aditya Verma @ Aadi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Vishwesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Supplementary affidavit filed today by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in FIR/Case Crime No.106 of 2025, under Sections 103(1), 190, 191(2), 191(3), 352, 351(3) & 3(5) of B.N.S., Police Station- Uchoulia, District- Kheri. 4. Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. He next submits that the applicants are not named in the FIR and even the statements of several witnesses are recorded, but the applicants were not named. He next submits that their name came into light only in the statement of one informer (Mukhbir Khas) and except apart there is no cogent evidence against them. He next submits that prosecution has failed to collect the strong evidence against the applicants and only on the basis of suspicion and the statement of the informer, they have been implicated. He also submits that there is no evidence against the applicants and as such matter would not lead to the punishment. Adding his argument, he submits that the role of the present applicants is distinguishable from the role of other co-accused whose names are apparent from the FIR. He also submits that the applicants have two cases criminal history which have been explained in para 17 of the bail application and they are languishing in jail since 07.05.2025. He next submits that the applicants undertake that in case, they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings, thus submission is that they may be enlarged on bail. 5. Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submitted that the applicants are involved in committing the offence, and as such, they are not entitled for bail. 6. Having heard learned counsel for the parties and after perusal of material placed on record, it transpires that the applicants are languishing in jail since 07.05.2025 and there is no cogent piece of evidence against the applicants so as to connect them with the offence coupled with the fact that the applicants have undertaken that in case, they are granted bail, they will not misuse the liberty of same and would cooperate in the trial proceedings. 7. 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. 8. Let the applicants, namely, Aditya Verma @ Aadi and Dumpi Singh involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229- A IPC (Now Section 269 BNS); (iii) The applicants 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 (iv) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (Now Section 84 BNSS) is issued and the applicants fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A IPC (Now Section 209 BNS). 9. 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 applicants to prison. 10. 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 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench