Neutral Citation No. - 2025:AHC-LKO:42903 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11642 of 2024 Applicant :- Mehrotra @ Laka Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Umesh Chandra Vishwakarma,Amit Kumar Awasthi,Hukum Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present applicant is in jail since 09.06.2024, in case crime no. 176 of 2024, under Sections 302, 342, 504, 34 of IPC at Police Station Neemgaon District Lakhimpur Kheri. 3. Learned counsel for the applicant has stated that the present applicant has falsely been implicated as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned First Information Report, wherein, the general allegation of assault has been attributed to four accused persons including the present applicant. On account of First Information Report, the accused persons have beaten mercilessly the son of the complainant without having motive or intention, however, during the course of investigation, one fact revealed that the deceased was having relation with the his sister. Learned counsel for the applicant has sated that the present applicant is a young person of 19 years since the victim was teasing his sister and had entered into the premises in the early morning, therefore, just to given him lesson, he and his brother assaulted him. If the injury report is seen, the fact would be emerged that the victim received minor injury, inasmuch as there is no fatal injury which may cause death, however, the victim had been operated for hernia three and half months before his death, as the aforesaid fact has been considered in the bail application of co-accused, Ram Chander in Criminal Misc. Bail Application No. 9852 of 2024 vide order dated 10.07.2025, therefore, on a simple blow on his stomach, he died. The present applicant was not having any intention or motive to kill the victim, therefore, at the best this case should be treated under Section 304 part II and not under Section 302 IPC. The present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 09.06.2024; similarly place co-accused Ram Chander has been granted bail in Criminal Misc. Bail Application No. 9852 of 2024 vide order dated 10.07.2025 there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. The bail application is allowed. 8. Let the applicant- Mehrotra @ Laka, be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) 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 of the Indian Penal Code/ 269 of the B.N.S., 2023. (iii) 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./ 84 of the B.N.S.S., 2023 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 of the Indian Penal Code/ 208 of the B.N.S., 2023. (iv) 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./ 351 of the B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 25.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench