HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11423 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The accused-applicants seeks bail in Case Crime No.0136 of 2025 under Section 191(2), 190, 109(1), 115(2), 117(2), 352, 351(3) BNS, Police Station Para, District Lucknow. In the prosecution case, it is alleged that on 18.02.2025 at about 7:30 p.m., five named and unnamed lady accused persons assaulted the injured. A specific allegation of beating the injured with a danda has been made against co-accused Ramesh. Learned counsel for the applicants submits that only general role has been assigned to the applicants of beating the injured with kicks and fists along with four other named and unnamed ladies. It is further submitted that the recovery of danda and iron bar/plate has been shown on the pointing out of the co-accused after about five months of the incident. Learned counsel for the applicants has drawn the attention of the Court towards the discharge summary of the injured, which shows that the patient had sustained injuries in a road traffic accident. It is, thus, submitted that the present case is of false implication. On the other hand, it is pointed out that the injured, in his statement, has made only general allegations against the applicant. The injured Versus Counsel for Applicant(s) : Anil Kumar Sharma, Rakesh Kumar Singh Counsel for Opposite Party(s): G.A. Sahil Gautam And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) remained admitted in the hospital from 23.02.2025 to 21.03.2025. It is further submitted that there is no possibility of the applicants of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the opinion given by the doctor in the discharge summary, the statement of the injured, wherein a specific allegation of assault on his head and leg has been made against co- accused Ramesh, only general role has been assigned to the present applicant along with other co-accused persons, coupled with the fact that the applicant has no criminal history, the charge sheet has been filed in the case, the applicant is in jail since 14.08.2025, 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. Accordingly, the bail application is allowed on the ground of parity. Let the applicants Sahil Gautam and Raj Gautam be released on bail in the aforesaid case crime number, subject to their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, with the following conditions: (i) The applicants shall not tamper with the evidence during the trial. (ii) The applicants shall not pressurize or intimidate the prosecution witnesses. (iii) The applicants 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 them from disclosing such facts to the Court or to any police officer, or otherwise tamper with the evidence. BAIL No. 11423 of 2025 2 (iv) The applicants shall file an undertaking to the effect that they 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 to the trial court to treat it as an abuse of the liberty of bail and pass orders in accordance with law. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence without sufficient cause, the trial court may proceed against them under Section 229-A IPC (now Section 269 BNS). (vi) In case the applicants misuse the liberty of bail during trial and, in order to secure their presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and they fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them under Section 174-A IPC (now Section 209 BNS), in accordance with law. 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. November 20, 2025 Madhu D.R/P.S BAIL No. 11423 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench