HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 209 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that the applicant married with the victim in the year 2011, as per the Hindu rights and rituals and three children were born out of the wedlock. The allegation levelled against the applicant is that he used to beat the injured/complainant under intoxication of liquor. It is alleged that on 17.07.2024, at about 7:15 A.M, near Sanai Anusandhan Kendra, the applicant, while hurling abuses, started throttling the injured and slit her throat with a sharp weapon. After seeing the crowd, he ran away and the injured was admitted to the hospital. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The injured i.e P.W.-2 has been examined before the trial court. In the examination-in-chief, she has denied the entire prosecution story and has been declared hostile . 4. It is further submitted that the applicant is the husband of the injured and has no criminal antecedents. There is no possibility of the applicant 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. has opposed the prayer for bail and has submitted that the applicant is the husband of the injured and the injury received by the injured is grievous in nature and is on the vital part of the body. He further submitted that the statement of the doctor corroborates with the prosecution case. 6. On due consideration to the submissions advanced, perusal of the record, the fact that P.W. 2 i.e. the injured has been declared hostile and she has not Versus Counsel for Applicant(s) : M.K. Singh Bhardwaj Counsel for Opposite Party(s) : G.A., Arvind Yadav, Poonam Saroj Sanjay Kori .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Affirs Lko. .....Opposite Party(s) supported the prosecution case, the fact that the applicant has no criminal history and he is languishing in jail since 24.07.2024 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. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Sanjay Kori involved in Case Crime No. 395 of 2024, under Sections 109, 352 B.N.S, Police Station- Kotwali Nagar, District- Pratapgarh, 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 84 B.N.S.S. 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 209 of B.N.S. October 13, 2025 DiVYa BAIL No. 209 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench