Neutral Citation No. - 2025:AHC-LKO:44268 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6936 of 2025 Applicant :- Kuldeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dheeraj Awasthi,Shailendra Kumar Mishra,Shatakshi Shukla Counsel for Opposite Party :- G.A.,Anil Kumar Awasthi Hon'ble Saurabh Lavania,J. 1. Supplementary affidavit filed on behalf of the applicant and Sri Anil Kumar Awasthi, learned Advocate has filed Vakalatnama on behalf of side opposite, are taken on record. 2. On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits. 3. Heard Sri Dheeraj Awasthi, learned counsel for the applicant, Sri Anil Kumar Awasthi, learned Counsel for the side opposite, Sri Ranvijay Singh, learned Additional Government Advocate for the State of U.P. and perused the record. 4. The present bail application has been filed by the applicant seeking bail in Case Crime No. 200 of 2025, under Sections 105, 3(5) BNS, Police Station-Fatehpur Chaurasi, District- Unnao. 5. At the very outset, learned Counsel for the applicant has stated that criminal history of two cases have been explained in paragraph-3 of supplementary affidavit, filed today. It is further stated that in case crime no. 1654/2011 under Sections 354, 506 IPC, P.S.-Fatehpur Chaurasi, District-Unnao, the applicant is on bail and with regard to case crime no. 126/2025 under Sections 351(3), 352, 115(2), 308(2) BNS and Section 3(2) (va) SC/ST (Prevention of Atrocities) Act, 1989, P.S.-Fatehpur Chaurasi, District-Unnao, the applicant has not received any notice. 6. On merits it is submitted that the case of the prosecution against the applicant is false and concocted and in fact an altercation took place between the deceased and persons named in the FIR and on account of said altercation, the deceased fallen down on earth and sustained single injury and on account of injury sustained, the deceased died on 28.05.2025 during medical treatment. 7. It is further stated that if the story of prosecution is taken on its face value, then the offence would fall under Section 304 Part II IPC, akin to Section 105 Part II of Bhartiya Nyaya Sanhita 2023. 8. It is further stated that co-accused namely Shobhit and Vinay have already been granted bail from the trial court vide order dated 13.06.2025 passed in Bail Application No. 1649 of 2025 and Bail Application No. 1653 of 2025. In these circumstances, the applicant is also entitled to be released on bail. 9. It is further submitted that applicant is in jail since 29.05.2025 and there is no apprehension that the accused- applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. As such, the prayer is to grant bail to the applicant. 10. Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant. 11. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR and medical report and keeping in mind the period of incarceration as also the fact that co-accused persons have already been released on bail by this Court as also the chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 12. Let the applicant-Kuldeep be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall cooperate with the prosecution during trial. (ii) The applicant shall not tamper with the evidence during trial. (iii) The applicant shall not pressurize/intimidate the prosecution witness(s). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 13. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law 14. As this order relates to enlargement of the applicant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. 15. Application is disposed of. Order Date :- 31.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench