Neutral Citation No. - 2025:AHC-LKO:7204 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13212 of 2024 Applicant :- Arvind Tiwari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ajai Kumar Shukla,Nisha Devi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 108 of 2021, under Sections 147,307,504,506 IPC, Police Station- Sangipur, District- Pratapgarh. Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that the general role has been assigned to all the accused persons for opening fire over the injured. He further submits that no apparent motive is assigned with respect to the offence which is allegedly committed and the applicants are implicated due to some animosity as they were not present on the place of occurrence. He next submits that co-accused, namely, Shivam Shukla has already been enlarged on bail in Bail No. 12357 of 2021 vide order dated 29.10.2021 passed by the Coordinate Bench of this Court. He further submits that charge-sheet has been filed and as such, there is no possibility that the applicant would tamper with the evidences or would threaten the witnesses. He also submits that the applicant nos. 1 and 2 have one and two cases criminal history respectively, which have been explained in the bail application and they are languishing in jail since 15.11.2024. Further submitted that the applicants undertake that in case, they are granted bail, they 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 applicants were involved in committing the aforesaid offence and thus, they are not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicants are languishing in jail since 15.11.2024; the general role has been assigned to all the accused persons for opening fire over the injured; no apparent motive is assigned with respect to the offence which is allegedly committed and the applicants are implicated due to some animosity as they were not present on the place of occurrence; co-accused, namely, Shivam Shukla has already been enlarged on bail; charge-sheet has been filed and as such, there is no possibility that the applicant would tamper with the evidences or would threaten the witnesses; applicant nos. 1 and 2 have one and two cases criminal history respectively, which have been explained in the bail application coupled with the fact that the applicants have undertaken that if they are granted bail, they 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 applicants- Arvind Tiwari and Abhishek Tiwari involved in the aforementioned crime be released on bail, on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) The applicants 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 applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, 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 applicants 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 :- 4.2.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench