Neutral Citation No. - 2025:AHC-LKO:45488 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13008 of 2024 Applicant :- Rohit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ankit Tripathi,Girish Kumar Pandey,Umesh Dixit,Varsha Tripathi Counsel for Opposite Party :- G.A.,Akhilesh Trivedi,Arvind Kumar,Ravindra Pratap Trivedi,Shyamendra Singh Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.262 of 2024, under Sections 191(2), 191(3), 190, 109, 118(1), 324(4), 351(2), 103(1) BNS, P.S. Mishrik, District Sitapur. In the prosecution case it is alleged that 14 named and 8-10 unnamed persons have beaten the sons of complainant due to which Anoop has suffered injuries; Kuldeep was also beaten with an intent to kill and due to serious injuries Kuldeep was taken to District Hospital, Sitapur from there he was referred to the Trauma Centre Medical College, Lucknow and his position is serious. Learned counsel for the applicant submits that occurrence has taken place on 08.08.2024. There are general allegations levelled in the prosecution case. All the prosecution witnesses have assigned the role of beating to the present applicant along with co-accused. The applicant has explained the criminal history of one case in rejoinder affidavit. The co-accused Jagnu has been granted bail vide order dated 01.05.2025 passed in Bail No.241 of 2025. It is submitted that only on the basis of the statement of one Prem Prakash Mishra recorded by the Investigating Officer after approximately two months i.e. on 02.10.2024 from the date of occurrence. The applicant has been roped in this case and charge-sheet has been filed under Section 103(1) BNS along with earlier sections under which the F.I.R. was registered. Applicant is innocent and has been falsely implicated in this case. He submits that even as per the statement of Prem Prakash Mishra, there is no specific allegation on the applicant. He submits that the applicant is in jail since 10.09.2024. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer however, they do not deny the fact that there is no specific allegation against any of the co-accused persons. Perused the record. A perusal of the post mortem report shows that deceased suffered five ante mortem injuries, there are 14 named and 8-10 unnamed persons, it is not clear as to who has caused the fatal injury, applicnat has no criminal history. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 10.09.2024 having no criminal history, deceased suffered five ante mortem injuries, there are 14 named and 8-10 unnamed persons, it is not clear as to who has caused the fatal injury and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Rohit Kumar be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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 Panel Code (now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) 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 Panel Code (now Section 209 BNS). Order Date :- 5.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench