Neutral Citation No. - 2025:AHC-LKO:38777 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6294 of 2025 Applicant :- Mukhtar Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. It is alleged in the prosecution case that on 8.2.2025 at about 8.00a.m. when the complainant along with his family members was sitting at the door, due to a trivial dispute, four accused persons armed with axe, iron rod, lathi and danda came at his door and started hurling abuses. It is alleged that the accused applicant along with the co-accused persons have beaten the injured with the above weapons. Learned counsel for the applicant submits that initially, the first information report was lodged under sections 115(2), 351(3), 352 BNS. During the course of investigation, sections 109 and 117(3) BNS have been added. The applicant was enlarged on bail under sections 115(2), 351(3), 352 BNS by the trial court after he surrendered before it. However, during the course of investigation, the investigating officer demanded gratification from the applicant which he denied. Then the investigating officer moved an application for cancellation of bail on frivolous grounds. The complainant has not made any application for cancellation of bail. The trial court has cancelled the bail granted to the applicant. It is submitted that there are four injured and four assailants. General role has been assigned to the applicant. The applicant has no previous criminal history. The applicant is in jail since 3.5.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. opposed the prayer for bail and submitted that the injured Rayeesha Bano has lost eye vision and the other injured Ansar Ali has suffered fracture in his parietal and frontal bone. There are other injured also. Considering the facts and circumstances of the case, including the fact that the applicant has no criminal history, general nature of allegation in the prosecution case, statement of the injured as well as the injury report, arguments advanced by learned counsel for the parties, the applicant is in jail since 3.5.2025, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. Let the applicant Mukhtar Ali, involved in Case Crime No.29 of 2025 under sections 109, 115(2), 117(3), 352, 351(3) BNS, P.S. Baldirai, district Sultanpur 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 under Section 229-A I.P.C. (now section 269 BNS). (vi) 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.(now section 84 BNSS) 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 174-A I.P.C. (now section 209 BNS). Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. Order Date :- 8.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench