HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9793 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, Mr. Saurabh Kumar, Advocate who has filed vakalatnama for the complainant today which is taken on record, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that on 13/08/2025 at about 8:00 hours in the evening complainant was going his tubewell along with Ayush by motorcycle. On reaching near Parmeshwari Temple, complainant saw from bike light some villagers, named in the first information report and four unknown persons who came from four wheeler and two wheeler. It is alleged that they said that the informant cooperates opposite gram pradhan and doing canvassing in his favour and thus Hari Ram, one of the accused while hurling abuses, fired upon the informant and other accused persons have also assaulted with their respective weapons, consequently, the complainant received injuries and became unconscious. When Ayush came for his rescue, they attacked upon him also. Ayush also received injuries. On the alarm being raised, they ran away. 3.Learned counsel for the applicant submits that general role of beating the two injured have been levelled on six named and four unknown persons. In the statement of both the injured, the applicant has been assigned role of beating them with lathi. The two injured persons have levelled general allegation of beating him upon all the named accused Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A., Saurabh Kumar Shivram .....Applicant(s) State Of U.P. Thru. Its Secy. Deptt. Of Home Lko. .....Opposite Party(s) persons. Injuries received by the injured do not corroborate from the prosecution story. No one has received fire arm injury.There is no allegation against the accused applicant. Charge sheet has been filed. The applicant is in jail since 15.8.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, general nature of allegation made in the prosecution case, charge sheet has been filed, nature of injuries received by the injured, role assigned to the applicant, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Shivram, involved in Case Crime No. 396 of 2025 under sections 109/110/115(2)/126(2)/352/3(5) BNS, P.S. Gosaiganj, district Sultanpur 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 BAIL No. 9793 of 2025 2 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 under Section 229-A I.P.C. (now 269 BNS) (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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. October 15, 2025 kkb/ BAIL No. 9793 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench