HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10388 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the complainant, a Junior Engineer in the Agriculture Department, sat in an Ertiga car on 04.08.2025 at about 11:24 p.m. to visit his wife in Lucknow. Before reaching the Ahmadpur Toll Plaza, a U-turn was taken to avoid paying the toll. At that point, one of the co-accused sitting in the car allegedly grabbed the complainant by the neck and assaulted him multiple times. It is further alleged that the accused persons snatched the complainant’s Motorola mobile phone, a silver chain, and a digital watch. Submission of learned counsel for the applicant is that prior to this FIR, the applicant had no criminal antecedents. He further contends that on the basis of single recovery, three separate cases have been registered, and the prosecution story is false, particularly as there is no injured person in the present case. 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. Learned AGA has opposed the bail application but concedes that the complainant refused to undergo medical examination and that no injury has Versus Counsel for Applicant(s) : Arpan Prakash Srivastava Counsel for Opposite Party(s) : G.A. Ajay Kumar .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) been reported. Upon due consideration of the submissions, the fact that the applicant had no criminal history prior to this FIR, and admittedly there is no injured in this case, thus, prima facie ingredients to attract offence under Section 309(6) BNS are missing, coupled with the fact that the charge sheet has been filed and the applicant is languishing in jail since 09.08.2025, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant Ajay Kumar, involved in Crime No. 257/2025, U/s 309(6) [394], 317(2) [411] BNS, P. S. Jaidpur, Barabanki, 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 BAIL No. 10388 of 2025 2 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). 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 14, 2025 R.C. BAIL No. 10388 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench