HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11831 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application seeking bail on merits. 2. Heard Sri Satyendra Nath Mishra, learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. 3. The present bail application has been filed by the applicant seeking bail in Case Crime No. 137 of 2025, under Sections 115(2), 352, 351(3), 105 BNS akin to 323/504/506/304 IPC (now repealed), Police Station-Dostpur, District-Sultanpur. 4. The submissions of learned counsel for the applicant is that the applicant is innocent and has been falsely been implicated in the case. 5. It is stated that a perusal of the FIR in connection of which the applicant, having no criminal history, is in jail since 20.06.2025, indicates that incident occurred without premeditation of mind on the spur of moment and in the said incident the injured sustained injury including for which the injured was admitted in the hospital and thereafter he was referred to District Hospital Sultanpur, where during treatment the injured expired. 6. It is further stated that initially the FIR was lodged under Section(s) 115(2), 352, 351(3) BNS, akin to 323/504/506 IPC (now repealed), and thereafter Section 105 BNS, akin to Section 304 IPC (now repealed) was added by the Investigating Officer (in short 'I.O.') as during treatment the injured expired. Versus Counsel for Applicant(s) : Satyendra Nath Mishra Counsel for Opposite Party(s) : G.A. Bobby .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 7. It is further stated that if the story of prosecution is taken on its face value, then the case of the applicant would fall under Section 105(1) BNS akin to under Section 304(2) IPC, and therefore, at the end of trial the applicant would be entitled for the benefit of Uttar Pradesh First Offenders Probation Act, 1938. 8. It is further stated that applicant, who is aged about 19 years, is entitled to be released on bail. 9. Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused- applicant. 10. 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 including which are related to allegations made in the FIR and injury report as also postmortem report and keeping in mind the period of incarceration as also as also the chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 11. Let the applicant-Bobby be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties, out of which one shall be the family member of the accused-applicant, each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall cooperate with the prosecution during trial. (ii) The applicant shall not tamper with the evidence during trial. (iii) The applicant shall not pressurize/intimidate the prosecution witness(s). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. BAIL No. 11831 of 2025 2 (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 12. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law 13. As this order relates to enlargement of the applicant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. 14. Application is disposed of. December 1, 2025 Jyoti/- BAIL No. 11831 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench