HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7272 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that the Revenue Team arrived to conduct the paimaish of Gata Nos. 114 and 115 on the application of one Mast Ram Nigam. While the paimaish was in progress, around 3:00 p.m., the accused-applicant, along with co-accused persons, allegedly hurled abuses and obstructed the Revenue Team from performing their public duty. It is further alleged that the applicant, with an intent to cause death, assaulted trainee Lekhpal Arunesh Tiwari, beating him and attempting to strangle him by applying his knee on the victim?s throat after throwing him to the ground. 3. Learned counsel for the applicant submits that the allegations in the prosecution case are false. No video evidence of the incident was recorded by the Revenue Team. Even assuming the prosecution case to be true for the sake of argument, no offence under Section 109 BNS would be made out, considering that the injuries sustained are simple in nature. The applicant is in judicial custody since 09.06.2025. The co-accused Abhimanyu Tiwari who was assigned main role of assaulting the injured whereas the applicant has been assigned the role of catching hold has been granted bail by this court vide order dated 7.10.2025 passed in Bail No.9531 of 2025. The applicant's case is on better footing than that of co-accused Abhimanyu Tiwari. Versus Counsel for Applicant(s) : Devendra Kumar, Anju Tripathi, Ashutosh Tiwari, Aziza Khan, Kuldeep Pandey, Shailesh Kumar Pathak Counsel for Opposite Party(s) : G.A. Vimal Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 4. 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. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the nature of the injuries sustained by the victim, the fact that the applicant is in custody since 09.06.2025, and that the charge sheet has already been filed, the co-accused, named above, has been granted bail, I am of the view that this is a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed on parity ground. 8. Let the applicant Vimal Kumar involved in Case Crime No. - 85/2025, U/S - 191(2), 121(1), 109(1), 115(2), 352, 351(3), B.N.S, P.S. Goshaiganj, District- Ayodhya, 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 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 BAIL No. 7272 of 2025 2 (now Section 209 of BNS). 9. 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. October 30, 2025 kkb/ BAIL No. 7272 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench