Neutral Citation No. - 2025:AHC-LKO:38282 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6247 of 2025 Applicant :- Sachin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Kaustubh Singh,Dinesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard learned counsel for the applicant, Sri Mukesh Singh, learned AGA for the State and Sri Rajesh Kumar Agnihotri, learned counsel for the complainant. The present applicant is in jail since 29.04.2025, in case crime no. 155 of 2025, under Sections 3(5), 115(2), 109, 103(1) of BNS at Police Station Ghunghter District Barabanki. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. He further submits that general allegations have been leveled against the applicant for causing injury, but main role for causing injury to Parshuram is assigned to Ankit and Rakesh. He next submits that as per the prosecution case, it is a case of sudden provocation and the investigation is going on and the present applicant has no prior criminal history. He has further submitted that a similarly placed co-accused, namely, Ram Ashrey has been granted bail by this Court in Criminal Misc. Bail Application No. 5254 of 2025 vide order dated 10.06.2025 so on the principles of parity the present applicant may also be enlarged on bail. He lastly submits that as the applicant is ready to cooperate in the investigation. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that in the injured persons' statements, they have leveled allegations against the applicant and others. However, he does not the dispute the fact that main allegation for causing causing injury to Parshuram is assigned to Ankit and Rakesh. Considering the submissions of learned counsel for the parties and going through the contents of the record, it is evident that this is a case of sudden provocation, but no injury is found on the body of his wife, however, one minor injury has been found on the body of the informant. It is also evident that main role for causing injury to Parshuram is assigned to Ankit and Rakesh. Further, co-accused, Ram Ashrey has been granted bail by this Court in Criminal Misc. Bail Application No. 5254 of 2025 vide order dated 10.06.2025. Therefore, it is a fit case for bail. The bail application is allowed. Let the applicant- Sachin, be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) 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 under Section 229-A of the Indian Penal Code. (iii) 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 applicants fail 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 174-A of the Indian Penal Code. (iv) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. Order Date :- 7.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench