Neutral Citation No. - 2025:AHC-LKO:34589 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9293 of 2024 Applicant :- Chand Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Iqbal Ahmad,Halimullah,Nawab Ahmad Khan,Prakhar Pandey,Syed Hasan Ejaz Counsel for Opposite Party :- G.A.,Vimal Shukla Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and learned counsel for the complainant. In the prosecution’s case, it is alleged that on 02.07.2024, at around 5:00 PM, while the complainant was walking on the road and had reached near the house of Chand Babu, the applicant, due to a prior verbal altercation, abused him verbally, assaulted him with kicks and fists, and injured his nose by biting his teeth. Learned counsel for the applicant submits that the incident occurred as a result of provocation by the complainant, and therefore, the applicant’s case falls under Section 122(1) of the Bharatiya Nyaya Sanhita (BNS), rather than Section 118(2) of the BNS. It is further submitted that the injured has already been examined before the trial court, along with two other fact witnesses, and there is no possibility of tampering with the evidence. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA and learned counsel for the complainant have opposed the bail application. On due consideration to the fact that the applicant has no previous criminal antecedent; the fact witnesses have already been examined; there is no possibility of evidence being tampered with; the applicant is in custody since 05.07.2024, and without commenting on the merits of the case, I am of the opinion that the present matter warrants grant of bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Chand Babu involved in Case Crime No. 178 of 2024 U/s 115(2),352,351(3), 118(2) BNS, Police Station - Pachpedwa, District-Balrampur. 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 which are being imposed in the interest of justice:- (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 Penal Code. (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. 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 Penal Code. Order Date :- 4.6.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench