Neutral Citation No. - 2025:AHC-LKO:49015 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7804 of 2025 Applicant :- Noor Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sharvan Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Learned counsel for the applicant submits that accused applicant has falsely been implicated in the present case. It is further submitted that as per statement of eyewitness and the complainant, the deceased died due to the injuries caused by co-accused Shekhawat, who hit the deceased with danda. The applicant has merely been assigned the role of assaulting the deceased by kicks and fists. The postmortem report indicates two lacerated wounds, which may be caused by blunt object and the use of same has been assigned to the co-accused Shekhawat. It is also submitted that the case of the applicant is distinguished from the case of co-accused Shekhawat. The accused applicant is languishing in jail since 26.6.2025. It is next submitted that the applicant is neither a previous convict nor he has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is further submitted that the co-accused Alhar has been granted bail vide order dated 5.3.2020 passed in Bail No.737 of 2020. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, bail of the co-accused, referred to above, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. Let the applicant Noor Mohammad, involved in Case Crime No.239 of 2018, under Sections 304, 452, 34 I.P.C., Police Station Malhi Pur, District Shravasti 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 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. (ii) 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. (iii) 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. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 21.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench