Neutral Citation No. - 2025:AHC-LKO:23195 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11322 of 2024 Applicant :- Bablu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Dharmendra Kumar Misra,Jyoti Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar Misra, learned counsel for the applicant, Sri Diwakar Singh, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0183 of 2024, under Sections 323, 504, 506, 341, 308, 302 I.P.C., registered at Police Station Gangaghat, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.04.2024 against one Rohit Rawat and three other unnamed persons stating that while the informant was returning from his college at about 3.00 p.m. on 10.04.2024 the named accused Rohit Rawat who lives in the neighborhood of the informant threw water on the informant which fell on his bag also in which his laptop was kept. An altercation followed in which the accused persons had beaten up the informant. The informant went to the police to give a complaint of the incident and while returning from the police station the accused persons again assaulted the informant and his brother. The informant's brother was taken to the hospital where he died during treatment on 27.04.2024. 4. The injury form of the informant's brother mentions a lacerated wound over middle of parietal bone, multiple contused swelling over head and contused swelling over left side of forehead. The postmortem examination report mentions a stitched wound on top of head and contused swelling on right side of skull and the cause of death has been opined to be coma due to ante mortem head injury. 5. The informant's injury report mentions abrasions near right eye, on right scapular region, on right lower scapular region, on right shoulder and over left forearm and contused swelling over right side of face and over middle finger of left hand. 6. In the statement of the informant recorded under Section 161 Cr.P.C. he named the applicant and Dheeraj besides the named accused Rohit Rawat and he stated that the accused persons had assaulted with sticks. 7. The learned counsel for the applicant has submitted that the altercation had taken place between the informant and the named accused Rohit Rawat and the applicant had been implicated subsequently merely because he is brother in law of named accused Rohit Rawat. 8. When this case was taken up as fresh on 25.10.2024 the State was granted four weeks' time for filing objections/counter affidavit. Thereafter, the matter was listed on several dates but it could not be taken up. Today when the matter has been taken up, the learned A.G.A. sought further time for filing a counter affidavit. 9. When the applicant is languishing in jail since 13.04.2024 and four weeks' time was granted to the learned A.G.A. on 25.10.2024 which time expired on 22.11.2024. The conduct of the State in not filing a counter affidavit in spite of expiry of about seven months can only be deprecated, when the question of personal liberty is involved in the present case. 10. The purpose of keeping an undertrial person in custody is to ensure his availability to face the legal proceedings against him but when the State itself is not pursuing the proceedings diligently the accused persons cannot be kept in custody till an indefinite period. Therefore, the application is being decided in absence of any opposition from the State, keeping in view the fact that the applicant is not named in the F.I.R. although the informant is a person who got injured in the incident and and he resides in the neighborhood of Rohit Rawat; that there is no mention of use of any weapon etc. in the F.I.R. whereas in the subsequent statement the informant stated that sticks were used in committing the offence and that the applicant has no previous criminal history and he is languishing in jail since 13.04.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Bablu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 23.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench