Neutral Citation No. - 2025:AHC-LKO:44379 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7081 of 2025 Applicant :- Babu Lal Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. Counsel for Applicant :- Dinesh Kr. Sharma,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. On a query being put to learned AGA, he submitted that he has complete instructions in the matter and is ready to argue the case on merits, as such, this Court proceeded to hear the instant application seeking bail on merits. 2. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. 3. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 142/2025, under Sections 3(5), 105, 61(2)(a), 352 B.N.S., Police Station- Haidergarh, District- Barabanki. 4. While pressing the present application, learned counsel for the applicant submitted that the applicant having no criminal history is languishing in jail since 21.05.2025. 5. Further submission is that in the FIR, general allegations have been levelled against five named and two un-named persons i.e. total eights persons, who caused injuries to the deceased. Specific role has not been assigned to anyone. 6. Further submission is that recovery of single 'Danda' has been shown by the prosecution on the pointing out of co-accused Uma Shankar. 7. It is also stated that if the story of prosecution is taken on its face value then the case of the applicant would fall under Section 105 B.N.S. akin to 304 Part II IPC and after conclusion of trial, the trial court after taking note of the aforesaid facts and circumstances including the fact that the accused-applicant has not been convicted previously for any offence, could extend the benefit of the provisions of the Probation of Offenders Act, 1958 to the applicant. 8. It is further submitted that in these circumstances, the present application is liable to be allowed and the applicant may be enlarged on bail. In case of being enlarged on bail, the applicant will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 9. Learned A.G.A. opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the applicant. 10. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the applicant and learned A.G.A., F.I.R. as also the fact that the applicant has not been previously convicted for any offence and he is in jail since 21.05.2025 as also the chances of conviction of the applicant in the instant case, this Court finds that the present applicant is liable to be allowed. Accordingly, it is allowed. 10. Let the applicant- Babu Lal be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (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 will 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. 11. 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. 12. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order. Order Date :- 31.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench