Neutral Citation No. - 2025:AHC-LKO:43778 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6984 of 2025 Applicant :- Golu @ Jitendra Tiwari @ Shooter Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Shiv Prakash Dwivedi,Rudresh Kumar Sharma 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 present bail application has been filed by accused-applicant seeking bail in Case Crime No.139 of 2025, under Sections 115(2), 118(1), 109, 110 BNS, P.S. Gauriganj, District Amethi. In the prosecution case, it is alleged that 4-5 unnamed accused persons while the DJ was playing a song came and objected as to who was playing the song. Upon resistance being given the complainant was hit by rod and his accomplice Roshan was stabbed in stomach and in the rib cage due to that he fainted. Learned counsel for the applicant submits that there are two injured in this case namely, Roshan Yadav and Shubham Yadav. Both the injured have not taken name of the applicant. The name of the applicant has surfaced in the confessional statement of co-accused Prince Yadav in the police custody. He submits that general role has been assigned to the applicant however, as per own case of the prosecution role of stabbing is not on the present applicant. Applicant has explained the criminal history of one case in the bail application. The charge- sheet has not been filed. Applicant is in jail since 31.05.2025. Learned A.G.A. has opposed the bail prayer and has submitted that injured Roshan was operated in KGMU and in the discharge summary grievous injury on account of assault by knife has come on him and, therefore, the bail application is liable to be rejected. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 31.05.2025, injury received by the injured, the statement of the injured witnesses, role assigned to the present applicant and the fact that case of the applicant is distinct from the case of co-accused Prince Yadav upon whom the role of stabbing has been assigned in the prosecution case coupled with the fact that applicant has explained the criminal history of one case and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Golu @ Jitendra Tiwari @ Shooter be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial 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). Order Date :- 29.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench