Neutral Citation No. - 2025:AHC-LKO:41257 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6599 of 2025 Applicant :- Vinay Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Seema Kashyap Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.244 of 2024 under Section 115(2), 117(2), 352, 351(3), 121(1), 121(2), 132 and 109 BNS, Police Station Fatanpur, District Pratapgarh. In the prosecution case, it is alleged that on 15.11.2024, while the informant was engaged in checking at Rampur barrier and was attempting to disperse a crowd, the applicant-accused allegedly abused him and, in the process, disrupted the discharge of his official duties. It is further alleged that the accused dragged the informant by the neck, threw him to the ground, and assaulted him with kicks and fists, resulting in a fracture in his right hand and causing him to lose consciousness. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is contended that the applicant is 50 years old, whereas the informant is only 31 years old, rendering the prosecution story highly improbable. The applicant is in custody since 16.11.2024. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the charge-sheet has been filed in the present case; the accused has no criminal antecedents; a perusal of the injury report indicates that the informant has suffered a fracture in his right elbow, it appears that no prima facie case is made out under Section 109 of the Bharatiya Nyaya Sanhita, 2023; except the aforementioned injury, no other injury has been reported; coupled with the fact that the applicant is in custody since 16.11.2024, and without expressing any opinion on the merits of the case, I find it to be a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Vinay Upadhyay be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 of the IPC (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 of the IPC (now Section 209 BNS). Order Date :- 18.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench