HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11852 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the complainant and perused the record. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.202 of 2025 under Sections 115(2), 352, 351(3), 118(1) and 109(1) of BNS, P.S. Kotwali Colonelganj, district Gonda. 4. In the prosecution case, it is alleged that named accused persons, four in number, on 13.06.2025 at about 04.00 p.m. had come armed with lathi danda and sharp edged weapon(s) and assaulted the complainant and his son causing injury. To save his life, he was chased and assaulted. It is also alleged that when mother of complainant came there for rescue, she was also abused and beaten brutally. 5. Learned counsel for the applicant submits that the applicant is innocent and has no criminal history. In the prosecution case, general role of causing injury by lathi danda and sharp edged weapon has been assigned to all the accused including the applicant. In the statement of three injured persons, no specific role has been assigned to the applicant or any of the co-accused. The injured Vikas Versus Counsel for Applicant(s) : Ashutosh Shukla, Kailash Nath Mishra Counsel for Opposite Party(s): G.A. Santosh Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) Pandey has sustained five injuries which are simple in nature. No X- ray report has been made as part of case diary. Injured Rajesh Pandey has sustained eight injuries. Applicant is in jail since 04.11.2025. 6. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 7. Learned A.G.A. as well as learned counsel for complainant have opposed the prayer for bail. Learned counsel for the complainant has submitted that injured Rajesh Pandey has sustained eight injuries. Out of eight injuries, 1,2,3 and 8 were kept in observation and in the CT Scan report the injured has sustained fracture of left high parietal bone with fracture fragment with hemorrhagic contusions with hypodesity in left parietal region which are grievous in nature. The surgery was conducted and the injured remained admitted for ten days in KGMU. 8. I have considered the submission and perused the record. 9. On due consideration to the fact that the applicant has no criminal history, general role of causing injury has been assigned to all the accused persons, including the applicant and no specific role has been assigned to the applicant and also the fact that the applicant is in jail since 04.11.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 10 Accordingly, the bail application is allowed. 11. Let the applicant Santosh Pandey involved in aforesaid case crime number 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution BAIL No. 11852 of 2025 2 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 in accordance with law. (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 IPC (now Section 209 of BNS). 12. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 2, 2025 Renu/- BAIL No. 11852 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench