Neutral Citation No. - 2025:AHC-LKO:46722 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7433 of 2025 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per the instructions of the learned A.G.A., the complainant has been served with notice. However, none appears on behalf of the complainant. Heard Sri Rajeev Kumar Mishra @ Rudra, learned counsel for the applicant and learned A.G.A. for the State. It has been contended by the learned counsel for the applicants that the applicants are in jail since 8.2.2025 in Case Crime No. 23 of 2025 u/s 191(2), 191(3), 190, 115(2), 352, 351(3), 333, 103 (1) BNS, P.S. Katra Bazar, District Gonda. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. Attention has been drawn towards the impugned F.I.R. whereby the general allegation of assault and beating has been attributed against the entire family including the present applicants as no specific role and weapon has been attributed to the present applicants. At the best if the prosecution story is taken on its face value they were present on the spot. However, general allegation has been levelled against them also. Charge-sheet has been filed in this case. The present applicant has no criminal history. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. Learned A.G.A. has opposed the bail application and submitted that the weapon of assault was recovered at the pointing out of the applicant. In reply, learned counsel for the applicant submits that the said allegation is false and that there is no independent witness to the recovery of the alleged danda. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the impugned F.I.R. general allegation of assault and beating has been attributed against the entire family including the present applicant as no specific role and weapon has been attributed to the present applicant, at the best if the prosecution story is taken on its face value the applicant was present on the spot, general allegation has been levelled against the applicant also, charge-sheet has been filed in this case, present applicant having no prior criminal history of any kind whatsoever, and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. Accordingly the bail application is allowed. Let the applicant, Dharmendra Kumar, involved in the aforesaid case 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 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 IPC (now Section 269 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 IPC (now Section 209 BNS). Order Date :- 11.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench