Neutral Citation No. - 2025:AHC-LKO:4673 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12627 of 2024 Applicant :- Pintu @ Rajesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Ajeet Kumar Singh, learned counsel for the applicant and Shri Arun Kumar Verma, learned Additional Government Advocate for the State and perused the material available on record. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 02.10.2024, in Case Crime No.0422/2024, under Sections 109, 333, 115 (2), 352, 351(2) of B.N.S., 2023, Police Station - Mallawan, District - Hardoi. Learned counsel has filed rejoinder affidavit, same is taken on record. 3. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as he has not committed any offence as alleged in the prosecution story. Attention of the court has been drawn towards the impugned F.I.R. wherein the allegation has been leveled against the present applicant. Learned counsel for the applicant has further submitted that on account of some prior enmity between the parties, the impugned F.I.R. has been lodged implicating the present applicant. Learned counsel for the applicant next submitted that no specific role has been assigned to the assailants. The victim has sustained head and face injuries, perusal thereof reveals that she suffered parietal bone fracture, but it is not clear as to who caused, which injury. Investigation is going on in the matter. The present applicant has no previous criminal history. The co- accused Sanyog Kumar has already been granted bail by this Court vide Criminal Misc. Bail Application No. 12376 of 2024. 4. Learned counsel for the applicant has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate in investigation and the trial proceedings. 5. Learned Additional Government Advocate has opposed the prayer for bail but he has not disputed the aforesaid submissions of learned counsel for the applicant. 6. Having heard submissions of learned counsel for the parties, without entering into merits of the issue, considering the fact that no specific role has been assigned to the assailants, due to prior enmity the F.I.R. has been lodged implicating the applicant, the co-accused Sanyog Kumar has already been granted bail by this Court vide Criminal Misc. Bail Application No. 12376 of 2024 and the undertaking of the applicant that he shall co-operate in the investigation as well as in trial proceedings and shall not misuse the liberty of the bail and, without expressing any opinion on merits of the case, I find it a fit case for bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant, Pintu @ Rajesh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/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 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 84 of 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 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 351 of 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. . (Rajesh Singh Chauhan,J.) Order Date :- 23.1.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench