Neutral Citation No. - 2025:AHC-LKO:2051 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12395 of 2024 Applicant :- Sanjeev Kumar @ Sanjeev Kishore Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Counsel for Applicant :- Surya Prakash,Ashutosh Kumar Singh Counsel for Opposite Party :- G.A.,Ajay Shukla Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.198 of 2024, under Section 191(2), 191(3), 190, 109, 351(3) and 3(5) of BNS, 2023, P.S. Uchauliya, District Lakhimpur Kheri. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that no such incident has ever taken place and from injury report, it is evident that the injuries are manufactured as no pellet was recovered from the body of the injured and there is no exit wound. He next submits that the incident has taken place on 24.7.2024 and the F.I.R. was lodged on 25.7.2024 and, in fact, due to anonymity, name of the applicant has been placed in the F.I.R. and there is no cogent piece of evidence that the applicant is involved in committing the offence as he is not seen in the C.C.T.V. footage. He submitted that charge sheet has been filed and there is no complaint that he has not co-operated with the investigation. Further submission is that the applicant is languishing in jail since 26.7.2024 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. He added that identically situated co-accused namely Vijay Dixit, has already been enlarged on bail by this court vide order dated 11-12-2024 passed in Criminal Misc. Bail Application No. 9903 of 2024 and the applicant is seeking parity of the same. On the other hand, learned counsel appearing for the complainant has vehmently opposed the contentions aforesaid and submits that the applicant is named in the first information report and the role of firing is assigned to all the accused persons including the present applicant and as such, the applicant is not entitled for bail. Per contra, learned A.G.A. has supported the version of the learned counsel for the complainant and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Having heard the learned counsel for the parties and after perusal of record, it transpires that the injuries are manufactured as no pellet was recovered from the body of the injured and there is no exit wound; incident has taken place on 24.7.2024 and the F.I.R. was lodged on 25.7.2024; there is no cogent piece of evidence that the applicant is involved in committing the offence as he is not seen in the C.C.T.V. footage; charge sheet has been filed; the applicant is languishing in jail since 26.7.2024; and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate 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 case of bail. Let the applicant,Sanjeev Kumar @ Sanjeev Kishore, 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 sufÏcient 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 :- 10.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench