HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10080 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard Sri Wasim Ahmad, learned counsel for the applicant as well as learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking bail in F.I.R. bearing Case Crime No.265 of 2025, under Sections 109(1), 115(2), 117(2), 190, 191(2), 191(3), 352, 351(3) B.N.S., Police Station Haidrabad, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.07.2025 against six persons, including the applicant alleging that all the accused persons abused and beat up the informant's nephew and when some other family members tried to save him they were also assaulted with a sword. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. It has further been stated that seven persons from the applicant's side have also received injuries in the incident. Aftab has suffered a fracture in his thumb, whereas his brother Afak has suffered a lacerated wound on right side of his head. Copies of injury reports of persons injured from the applicant's side, have been annexed with the bail application. 6. Co-accused persons Afak @ Afak Khan and Aftab @ Naheed Khan have been granted anticipatory bail by means of separate orders dated 15.09.2025 Versus Counsel for Applicant(s) : Wasim Ahmad Counsel for Opposite Party(s) : G.A. Sohrab @ Mahtab .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) passed by this Court in Crl. Misc. Anticipatory Bail Application No.1229 of 2025 and 1230 of 2025. 7 . The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation is still going on. He has further submitted that there is a specific allegation against the applicant that he had assaulted Amir with a sword. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that seven persons from the applicant's side have received injuries in the incident whereas this fact has not been disclosed in the F.I.R. which indicates that the F.I.R. does not disclose the complete facts coupled with the fact that the applicant has no criminal history and co- accused persons Afak @ Afak Khan and Aftab @ Naheed Khan have been granted anticipatory bail and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting bail to the applicant. 9. Accordingly, this bail application stands allowed. 10. Let the applicant Sohrab alias Mahtab be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (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 under BAIL No. 10080 of 2025 2 Section 229-A of the IPC (now Section 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 Section 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 of the IPC (now Section 209 BNS). 11. 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. October 16, 2025 Madhu D.R/P.S BAIL No. 10080 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench