HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8349 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed today on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the informant's brother Dinesh Pal Singh while returning from the shop of Shrikant after taking sugar etc at about 9.00a.m. on 12.11.2024, in the way, Arunesh alias Tinku Singh (applicant) of the village surrounded him in front of his door and while abusing his mother and sister, Abhishek Singh, Rajeshwar Pal Singh son of Khurram Singh and others attacked him with knives and spade with the intention to kill. Abhishek Singh and the present applicant cut both the legs of complainant's brother with a spade. Rajeshwar Singh stabbed him due to which complainant's brother fell down bleeding on the spot. On hearing hue and cry, the complainant and many other villagers reached the spot. The accused persons while threatening to kill fled from the spot. The police had taken the injured to District Hospital for treatment. Learned counsel for the applicant submits that the co-accused Abhishek Singh, who was assigned similar role, has already been granted bail by this Court vide order dated 13.8.2025 passed in Criminal Misc. Bail Application No. 2996 of 2025. It is submitted that no investigation has been conducted regarding the medical examination of the injured Dinesh Pal conducted at Versus Counsel for Applicant(s) : Manish Singh Chauhan Counsel for Opposite Party(s) : G.A. Arunesh Singh @ Tinku Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) Community Health Centre on 12.11.2024 as in the post-mortem report, different injury has been shown. Thus, the prosecution story is doubtful. He submits that there is no recovery from the applicant. General role has been assigned by the injured to the applicant and the co-accused Abhishek Singh and Rajeshwar Singh. It is further submitted that the applicant has no criminal history and he is languishing in jail since 14.11.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant and submitted that it is a heinous offence. On due consideration to the submissions advanced, perusal of the record, the bail order of the co-accused Abhishek Singh so also the fact that the injured Dinesh Pal is shown to have received six injuries at the time of medical examination conducted at Community Health Centre, whereas in the post- mortem report, there are 13 ante-mortem injuries found on the body of the injured; prima facie, there appears to be no explanation by the prosecution with regard to this variance coupled with the fact that the applicant has no criminal history; he is languishing in jail since 14.11.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Arunesh Singh @ Tinku Singh involved in Case Crime No. 343 of 2024, under Sections 103(1), 118(1), 118(2), 352, 351(3) of B.N.S., Police Station- Behta Gokul, District- Hardoi, 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. BAIL No. 8349 of 2025 2 (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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 of B.N.S. September 4, 2025 Shravan BAIL No. 8349 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench