HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11490 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant, who is involved in F.I.R./Case Crime No.0341 of 2025, under Sections 115(2), 333, 352, 351(2), 109 of BNS, 2023, Police Station-Ram Nagar, District- Barabanki. It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. Learned counsel for applicant further submits that there is allegation that lower jaw of the injured was broken. He has submitted that the case will fall at the most within the purview of Sections 117(2) and 118(2) of BNS and the offence as mentioned in the case will not fall within the purview of Section 109 of BNS. It is next argued that the applicant has no previous criminal history prior to lodging of the present case. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 22.7.2025. Learned A.G.A has, however, opposed the prayer for grant of bail and has submitted that the lower jaw of the injured was broken, therefore, bail is liable to be rejected. Versus Counsel for Applicant(s) : Pankaj Gupta, Rachna Gupta Counsel for Opposite Party(s) : G.A. Rajeev Gupta @ Raju .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant-Rajeev Gupta @ Raju be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) 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 Penal Code. (2) 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. 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. (3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. December 1, 2025 Sachin BAIL No. 11490 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench