Neutral Citation No. - 2025:AHC-LKO:22821 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9897 of 2024 Applicant :- Brahmadeo Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Vishal Singh,Arvind Kumar,Pramod Kumar Khare,Rachna Shukla Counsel for Opposite Party :- G.A.,Mayankar Singh,Raghvendra Mani Ojha Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State, Mr. Raghvendra Mani Ojha, learned counsel for complainant and perused the record. 2. This first bail application has been filed with regard to Case Crime No.276 of 2024 under Sections 115(2), 109, 131, 351(3) BNS, P.S. Kotwali Dehat, District Pratapgarh. 3. As per contents of First Information Report, the incident is said to have taken place on 10.08.2024 at about 08:15 AM when the applicant alongwith his co-accused wife is said to have attacked the informant and his son resulting in serious injuries. 4. It has been submitted that the applicant has been falsely implicated in the charges levelled against him, which would be evident from the fact that although allegation of repeated assault on the informant's son is said to have been carried out but the injury report indicates only one injury on the son, Sudhir Mishra in the middle of abdomen where there was no stem bleeding. 5. It is also submitted that the only role attributable to applicant is of catching hold of the said Sudhir Mishra. 6. Learned AGA appearing on behalf of State has opposed the first bail application with the submission that the contents of FIR, statement of injured and the injury report clearly corroborate allegations levelled against applicant. It is, however, admitted that applicant does not have any previous criminal history. 7. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 8. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage it appears that the altercation resulting in injuries appears to have taken place on the spur of moment. The injury report indicating single injury does not appear to corroborate the allegations levelled in the First Information Report or statement of witness. The applicant is under incarceration since 11.08.2024 without any previous criminal history. 9. Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 10. Let applicant, Brahmadeo Mishra, 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 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 269 BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under 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 209 BNS. (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 351 BNSS. 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 :- 22.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench