Neutral Citation No. - 2025:AHC-LKO:41306 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6615 of 2025 Applicant :- Mr. Arun Kumar Singh @ Arun Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Anubhav Yadav,Abhyudaya Mishra,Skand Bajpai Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard Sri Abhyudaya Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.177 of 2024, under sections 318 BNS and Section 11(7), 13(5) of U.P. Public Examinations (Prevention of Illegal Means Ordinance) 2024 P.S.- Manikpur District - Pratapgarh. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that though, the applicant has been shown to be arrested on spot, but it's false story is given to effect by the police as he was not arrested on spot. He further submits that the identically situated co- accused namely, Pawan Kumar Pal has been enlarged on bail in Criminal Misc. Bail Application No. 13070 of 2024 and there is no substantial material could be collected by the police though, the chargesheet has been filed and there seems to be no possibility of conclusion of trial in the near future. He next added that the applicant has no previous criminal history as is mentioned in paragraph no. 4 of the affidavit filed in support of the bail application and he is languishing in jail since 30.05.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 30.05.2025; the applicant has no previous criminal history coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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 fit case of bail. Let the applicant- Mr. Arun Kumar Singh @ Arun Pratap Singh 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:- (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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). 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 :- 18.7.2025/Saurabh Yadav Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench