Neutral Citation No. - 2025:AHC-LKO:36564 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5664 of 2025 Applicant :- Sakir @ Lateef Shah And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Mohammad Shahzad Ahmad,Faraz Ahmad,Shamshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 41 of 2024 under Sections 191(2), 191(30, 109(1), 115(2), 352, 351(3) B.N.S, Police Station- Lalganj, District - Pratapgarh. 3. The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that the hard and blunt object is attributed to the present applicants and this could not be segregated at this stage that on whose blow, the injured persons have received injuries. He next submits that there are severe injuries to the side of the applicants as there are three injured persons. He next added that the incident took place in a sudden provocation and opposite parties have received injuries and this could not be segregated at this stage that which party was the aggressor. He also submits that no specific role has been attributed to the applicants. Further submission is that the charge sheet has been filed against the applicants, thus, there is no possibility that they would tamper the evidence or would threaten the witnesses, coupled with the fact that the applicants have no previous criminal history as is mentioned in paragraph No. 20 of the affidavit filed in support of the bail application and they are languishing in jail since 07.02.2025 and they undertake that in case, they are granted bail, they will not misuse the liberty of the same and would co- operate in the trial proceedings. Thus, submission is that the applicants may be enlarged on bail. 4. Per contra, learned A.G.A. for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicants were involved in committing offence and as such, they are not entitled for any relief. 5. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the hard and blunt object is attributed to the present applicants and this could not be segregated at this stage that on whose blow, the injured persons have received injuries; there are severe injuries to the side of the applicants as there are three injured persons; the incident took place in a sudden provocation and opposite parties have received injuries and this could not be segregated at this stage that which party was the aggressor; no specific role has been attributed to the applicants; the charge sheet has been filed against the applicants; the applicants have no previous criminal history, as is mentioned in paragraph No. 20 of the affidavit filed in support of the bail application, and they are languishing in jail since 07.02.2025; prima facie, 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. 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 applicants- Sakir @ Lateef Shah and Monu @ Arif involved in the aforementioned crime be released on bail, on their furnishing personal bonds 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 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 of the Indian Penal Code; (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.; 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. 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 of the Indian Penal Code. 8. 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. 9. 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 :- 25.6.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench