HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8672 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release him on bail during the trial in Case Crime No. 666 of 2024, under Sections 3(5), 115(2), 103(1) of BNS, Police Station Mohammadpur Khala, District Barabanki. It is argued by learned counsel for the applicants that the applicant is innocent and he has falsely been implicated in the instant case due to ulterior motive. He further submits that though the statement of the injured is against the applicant, Rajesh and one another co-accused, namely, Kalawati but role cannot be segregated at this stage. He further submits that a 'danda' is said to have been recovered from the possession of one of the co-accused, namely, Ramu and no recovery of weapon is made from the possession of the applicants. He also submits that the applicants are not involved in committing the offence and there is no substantial evidence against him. Further submission is that the applicants has no previous criminal history and they are languishing in jail since 13.10.2024 and they undertake that they will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicants may be enlarged on bail. Versus Counsel for Applicant(s) : Suhail Kashif Counsel for Opposite Party(s) : G.A. Mansharam And Another .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and has submitted that the applicants are involved in committing the offence and, as such, they are not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the statement of the injured is against not against the applicants; the recovery of 'danda' is said to have been made from the possession of co-accused, namely, Ramu and no recovery of weapon is made from the possession of the applicants; there is no substantial evidence against the applicants and the applicants have no previous criminal history and they are languishing in jail since 13.10.2024, coupled with the fact that he has undertaken that they 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 applicants Mansharam and Rahul, involved in the aforementioned crime, be released on bail on their furnishing personal bonds and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions: (1) The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file undertakings to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) The applicants shall remain present, in person, before the trial court on BAIL No. 8672 of 2025 2 the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statements under Section 313 Cr.P.C.; and (4) In case the applicants misuse the liberty of bail during trial and, in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them in accordance with law under Section 174-A of the Indian Penal Code. The identity, status, and residential proof of the sureties shall 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 applicants 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. September 11, 2025 Madhu D.R/P.S BAIL No. 8672 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench