Neutral Citation No. - 2025:AHC-LKO:1382 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12304 of 2024 Applicant :- Jai Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Sectt. Lko Counsel for Applicant :- Akanksha Shukla,Nishit Upreti,Shashank Shekhar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by the State is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 462 of 2023, under sections 323,504,506,308 IPC, Police Station- Paraspur, District- Gonda. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He further submits that from bare perusal of the FIR, it transpires that general role is assigned to all the accused persons including the present applicant for attacking with lathi over the injured. Even the injured has not assigned any specific role to the applicant. He next added that there is no cogent evidence against the applicant that he was present on the spot. He next added that identically situated co-accused, namely, Sharvan Kumar and Shubham have already been enlarged on bail in Criminal Misc. Bail Application No. 11643 of 2024 vide order dated 4.12.2024 passed by this Court and applicant is seeking parity of the same. He also submits that the applicant has no previous criminal history and he is languishing in jail since 17.10.2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant was involved in committing the aforesaid offence and thus, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that general role has been assigned to all the accused persons including the present applicant for attacking with lathi over the injured; even the injured has not assigned any specific role to the applicant; there is no cogent evidence against the applicant that he was present on the spot; identically situated co-accused, namely, Sharvan Kumar and Shubham have already been enlarged on bail; the applicant is languishing in jail since 17.10.2024; there is no previous criminal history of the applicant coupled with the fact that the applicants have undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, 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. Accordingly, the instant bail application is allowed. Let the applicant- Jai Singh involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will 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 applicant 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. Order Date :- 8.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench