Neutral Citation No. - 2025:AHC-LKO:45833 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6245 of 2025 Applicant :- Chandrapal Prajapati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.,I.P. Singh (Indra Pal Singh),Vishwa Prakash Bhaskar Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. There is an illness slip of Shri I.P. Singh, learned counsel for the complainant. The record shows that one Shri Vishwa Prakash Bhaskar is also shown as counsel for the complainant, but he is not present. Thus, this Court proceeds to decide the bail application. Learned counsel for the applicant submits that general role of assault, beating and fighting has been levelled against all the eleven accused persons including the present applicant. While recording the statement of PW-1 Sachin and PW-2 Girdhari, they have assigned the specific role to the co-accused Mahesh who was having axe, co-accused Suresh was having banka, applicant Chandra Pal was having sickle, co-accused Rinkoo @ Ram Teerath was having hammer so also the co-accused Prince, Sukhrani, Sudhara and Kiran were having lathi. He next submits that although sickle is shown in the hands of the applicant and the injured Girdhari sustained seven ante-mortem injuries which were in form of contusions and lacerated wounds, but prima facie, no injury of sickle is shown. It is further submitted that the co-accused Vishambhar Rawat has been granted by a coordinate bench of this Court vide order dated 17.7.2025 passed in Criminal Misc. Bail Application No. 4883 of 2025. The applicant has explained the criminal history of one case in the bail application. He is languishing in jail since 15.11.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the injury report of the injured persons so also the fact that general role of assault has been assigned by the injured to all the eleven accused persons; the applicant has duly explained the criminal history; he is languishing in jail since 15.11.2024; charge-sheet in the case has been filed; the co- accused Vishambhar Rawat has already been granted bail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant- Chandrapal Prajapati involved in Case Crime No. 397 of 2024, under Sections 3(5), 103(1), 115(2), 117(2), 333, 351(2), 110 of B.N.S., Police Station- Loni Katra, District- Barabanki, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. Order Date :- 6.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench