Neutral Citation No. - 2025:AHC-LKO:36706 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5759 of 2025 Applicant :- Vijay @ Vijay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Srees Kumar Srivastava 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, Vijay @ Vijay Kumar with a prayer to release him on bail during the trial in Case Crime No.916 of 2022, under Sections 323, 504, 304 and 201 I.P.C., Police Station Kotwali Sadar, District Unnao. 3. As per the prosecution story, the allegation is that on 12.11.2022 at about 08:30 AM, a dispute arose with respect to trees, and the applicant along with one unknown person abused the deceased and assaulted him with kicks, punches, and sticks, as a result of which he died. 4. It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. He submits that the weapon allegedly said to be used is not fatal. He added that there can be no knowledge or intention at all that while assaulting with a lathi, the nature of injury would be such which would cause the death of a person. Further submission is that the statement of the informant under Section 161 Cr.P.C. was recorded on 26.12.2022, wherein he introduced a new fact that his brother and the applicant were together and there was a fight between them due to monitory dispute whereas in the first information report, the dispute is shown regarding a tree. He also added that there is a material doubt in the story of the prosecution and the matter would not lead to the conviction. He also submitted that the applicant has no previous criminal history as in mentioned in paragraph No.25 of the bail application and he is languishing in jail since 16.11.2022 and there is no possibility that the trial would be concluded in near future. Thus, submission is that the applicant may be enlarged on bail and in case, the applicant is enlarged on bail, he will not misuse the liberty and will co-operate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State has opposed the contentions aforesaid. 6. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant is languishing in jail since 16.11.2022, who has no previous criminal history. There is no possibility of conclusion of trial in near future and the applicant has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. 7. 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. 8. Let the applicant, Vijay @ Vijay Kumar involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) 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; (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) recording of statement under Section 313 Cr.P.C.; and (iv) 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. 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 applicant 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. [Shree Prakash Singh, J.] Order Date :- 27.6.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench