HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8297 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, Mr. Gaurav Shukla, learned counsel for the complainant who has filed vakalatnama today in court, which is taken on record, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that brother of the informant Jhabbar aged about 65 years has been beaten badly on 12.6.2025 at about 8.30a.m. by named accused persons who while hurling abuses has beaten with kicks fits and lathi and danda, due to which the deceased suffered injuries in his head and entire body. He was taken to government hospital, Ikauna. 3.Learned counsel for the applicant submits that initially the first information report was registered under sections 115(2), 352, 351(3) BNS. The injured succumbed to injuries and thus after his death, offence under section 105 BNS was added. It is submitted that as per statement of the eye-witnesses of the prosecution, there is general role assigned to all the named accused -total four. The first information report has been lodged by both sides. The deceased suffered three injuries. Injury No.1 is on vital part. It is not clear from the prosecution version as well as the statement of the eye-witnesses as to who has been assigned the role of causing injury No.1 which has resulted into death of the deceased. Even the specific weapon has not been assigned by the alleged eye witnesses to any of the accused including the applicant. Nothing has been recovered Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Gaurav Shukla, Som Shukla Lateef .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) from the accused applicant. The applicant has no previous criminal history. The applicant is in jail since 13.6.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail. It is submitted on behalf of the complainant that the alleged cross version of the first information report has been registered on the next day, however, he could not dispute the fact that the date of incident is the same. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, general nature of allegations is levelled in the prosecution case, there are cross first information reports, both sides have sustained injury, from the side of the accused applicant, two persons have sustained injuries, though simple in nature, old enmity between the parties relating to abadi land, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Lateef, involved in Case Crime No.164 of 2025 under sections 115(2), 352, 351(3), 105 BNS, P.S. Ikauna, district Shrawasti, 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 BAIL No. 8297 of 2025 2 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 I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 2, 2025 kkb/ BAIL No. 8297 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench