Neutral Citation No. - 2025:AHC-LKO:36476 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5703 of 2025 Applicant :- Jogendra @ Yogendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Dharm Trivedi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, the 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.91 of 2025, under Section 115(2), 351(2), 352, 333, 109(1), 118(1), 117(2) B.N.S., P.S.-Kheri, District - Lakhimpur Kheri. As per contents of FIR, incident is said to have taken place on 12.03.2025 at about 09:30 AM when the applicant alongwith co-accused are said to have attacked the informant and his brothers while inflicting serious injuries upon them. It is submitted that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that even in the FIR as well as in the statement of injured, only general allegations of inflicting injuries have been levelled without any specific role being assigned. It is submitted that even the injury report indicates only simple nature of injuries having been suffered. It is submitted that applicant is under incarceration since 20.05.2025 without any previous criminal history. Co-accused, namely Ramu has already been enlarged bail by Coordinate Bench of this Court passed in Criminal Misc. Bail Application No.4122 of 2025. Learned AGA has opposed the prayer for bail application with the submission that injury report of injured Sandeep indicates lacerated wound and a fracture having been suffered. It is however, admitted that applicant does not have any previous criminal history. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that only general allegations have been levelled against all the nominated persons of having caused injuries which even otherwise are indicated as only simple in nature having been caused by hard and blunt object except in the case of injured Sandeep, who is said to have suffered a fracture. The aspect of altercation taken place on spur of moment would require consideration as well as the aspect of imputation of Section 109 (1) BNS in the light of injury suffered. The applicant is under incarceration since 20.05.2025 without any previous criminal history. 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 Jogendra @ Yogendra 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 :- 26.6.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench