Neutral Citation No. - 2025:AHC-LKO:805 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9943 of 2024 Applicant :- Adalat Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Jay Prakash Singh Vats,Ajay Kumar Soni,Mohd. Salman Counsel for Opposite Party :- G.A.,Yugal Kishor Tripathi Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State as well as perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 60 of 2024, under Sections 147, 148, 307, 308, 323, 324, 325, 504, 506 IPC, Police Station Sangramgarh, District Pratapgarh. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that general role has been assigned to all the accused persons, including the present applicant and it cannot be segregated at this stage that on whose blow the injuries are received by the injured. He also submits that 'lathi' is said to have been recovered from the possession of the applicant, without there being any independent public eye witness. He next submits that the injured has also assigned the general role to all the accused persons. He added that co-accused, namely, Suman Singh has already been enlarged on bail by this Court vide order dated 27.11.2024 passed in Crl. Misc. Bail Application No. 6397 of 2024. He next added that the applicant has explained two cases criminal history and he is languishing in jail since 04.04.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned counsel appearing for the complainant has opposed the contentions aforesaid and submits that there are serious injuries over the body of the injured and about all the part of the body has been attacked with the 'lathi'. He added that the applicant is named in the First Information Report and was involved in committing the offence. He also added that the applicant has two cases criminal history and as such, he is not entitled for bail. Learned AGA appearing for the State has also supported the version of learned counsel for the complainant and submits that the chargesheet has been filed in the matter after thorough investigation and as such, the applicant is not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that there is general role assigned to all the accused persons in the First Information Report as well as in the statement of the injured; further 'lathi' is said to have been recovered from the possession of the applicant and there is no independent public eye witness and 'lathi' is not the lethal weapon; the applicant has explained two cases criminal history; chargesheet has been filed and the applicant is languishing in jail since 04.04.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels 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. Let the applicant-Adalat Singh involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 6.1.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench