HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9756 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 complainant was selling a 1/2 part of his bhumidhari land bearing gata no. 719, area 0.012 hectare, to one Brijesh Tiwari after receiving appropriate consideration in the bank. It is alleged that applicants/accused persons reached the registry office on 19.07.2025 and threatened the complainant, due to which the registry could not be executed on that date. Again on 20.07.2025, the accused/applicants went to the house of the informant with a country made pistol and illegal weapon and threatened him that if the sale deed is executed, the informant will lose his life. On 21.07.2025, at about 7:00 A.M, the applicants came to the house of the informant/complainant with illegal weapons and threatened to kill him. 3. Learned counsel for the applicants submits that the chargesheet has been filed under Section 119(2), although, no one is injured in this case, not even the simple injury has been received by the informant. The applicants have been falsely implicated in the present case. The applicant no. 1 has criminal history of two cases, which has been explained in paragraph-16 and 17 of the bail application and the criminal history of applicant no. 2 has been explained in paragraph-16 of the bail application. 4. It is further submitted that the son of the informant/complainant has also lodged an F.I.R on 24.07.2025, registered as Case Crime No. 0222 of 2025, under Section 3(5), 308(5), 352, 351(3) B.N.S, however, in that F.I.R, there is no mention of the present incident, which falsifies the entire prosecution case. The applicants are languishing in jail since 24.07.2025. There is no possibility Versus Counsel for Applicant(s) : Praveen Shukla Counsel for Opposite Party(s) : G.A. Shivam Pandey And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 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 chargesheet in this case has been filed, but he could not dispute the submissions advanced by learned counsel for the applicant. 6. On due consideration to the submissions advanced, perusal of the record, prima facie, the ingredients to attract Section 119(2) B.N.S appears to be missing, as no injury received has been received by the complainant, the fact that chargesheet has been filed, the fact that the applicants are languishing in jail since 07.08.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicants- Shivam Pandey and Vipin Pandey @ Vikas Pandey, involved in Case Crime No. 221 of 2025, under Sections 3(5), 352, 351(2), 126(2), 119(2), 115(2) B.N.S, Police Station- Patti, District- Pratapgarh, be released on bail on their furnishing separate personal bond and two sureties each separetely 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (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 for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicants shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that they will not indulge in any case or misuse the liberty of bail. (vi) The applicants shall remain present before the trial court on each date BAIL No. 9756 of 2025 2 fixed, either personally or through their counsels. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 B.N.S. (vii) In case the applicants misuse the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 B.N.S. October 14, 2025 DiVYa BAIL No. 9756 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench