Neutral Citation No. - 2025:AHC-LKO:1381 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13281 of 2024 Applicant :- Deshraj Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Hari Bux Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Dheeraj Awasthi, learned counsel for the complainant 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. 242 of 2024, under sections 352, 351(2), 351(3), 115(2), 109 B.N.S., Police Station-Baghrai, District- Pratapgarh. 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 submits that general role has been assigned in the FIR to all the accused persons including the present applicant as it could not be ascertained that from whose blow, the injured received injuries. He added that even the injured has not assigned any specific role to the present applicant and general role has been assigned to him. He also submits that the applicant has five cases criminal history, which have been explained in the supplementary afÏdavit dated 03.01.2025 and he is languishing in jail since 20.7.2024 and the charge-sheet has been filed and as such, there is no possibility that the applicant would tamper with the evidence or would threaten the witnesses. 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 as well as the learned counsel for the complainant have vehemently opposed the contentions aforesaid and submit that the charges are very serious against the applicant. Further submitted that the injured is a helpless woman and the applicant is having five cases criminal history and if he is granted bail, he will threaten the injured as well as other witnesses. Thus, submission is that the applicant 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 as it could not be ascertained that from whose blow, the injured received injuries;even the injured has not assigned any specific role to the present applicant; the applicant has five cases criminal history, which have been explained in the supplementary afÏdavit dated 03.01.2025 and he is languishing in jail since 20.7.2024; charge-sheet has been filed and as such, there is no possibility that the applicant may tamper with the evidence and would threaten the witnesses coupled with the fact that the applicant has 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. Let the applicant-Deshraj 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 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 :- 8.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench