Neutral Citation No. - 2025:AHC:79459 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15417 of 2025 Applicant :- Badam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sayed Sohail Asgar Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.33 of 2025, under Sections 115 (2), 352, 109 (1), 117 (2) and 3 (5) BNS, 2023 and Section 3/4 Explosive Substance Act, Police Station- Pipari, District-Kaushambi, with the prayer to enlarge him on bail. 3. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case and in jail since 23.02.2025. He next submitted that no recovery was made either from the possession of the applicant or on his pointing out. He next submitted that according to prosecution version, on 21.02.2025 at 2:00 P.M., applicant, his son, namely, Kapil and Vikram along with some unknown persons came to the house of informant and started firing with country made pistol and bomb, in which, informant, Rajesh Singh, Ram Pati, Mohit and Neeraj Yadav were received serious injuries. He next submitted that aforesaid FIR version does not support the medical evidence. He further submitted that applicant is having criminal history of five cases, which has been explained in para-33 of the affidavit. He next submitted that injured, Rampati was medically examined on 21.02.2025 and three injuries were found on her body, in which, complaint of pain in left temporal side and complaint of pain in lower back region and injury no.3 was advised for X-ray of right foot and all the injuries were caused by hard and blunt object. In X-ray report of Ram Pati, fracture was found at proximal phalange of right foot and phalange of great toe in right foot. Nevertheless, this injury does not up to the extent of grievous hurt in toe. Injured, Rajesh Kumar Yadav was medically examined and eight injuries were found on his body, in which, injury no.8 was advised for X- ray of left knee and all the injuries were caused by hard and blunt object. Injury report of Mohit Yadav, reflects that all the injures are simple in nature and hair burn is due to fire object. Two injuries were also found on the body of the Neeraj Yadav i.e. (i) contusion below epicanthic region approx 1x .5 cm, (ii). complaint of pain in lower back region and all the injuries were caused by hard and blunt object. Therefore, injuries were found on the injured persons does not suggest that these are dangerous to life. He next submitted that mode and manner of assault alleged in the FIR and statement of the witnesses does not find corroboration from the injury reports of the injured, which creates a dent in prosecution version. In these circumstances, the applicant deserves to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for grant of bail to the applicant, but they do not dispute the fact that co-accused have already been granted bail by this Court. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR, statement recorded under Section 161 Cr.P.C. as well as injury report of the injured persons, I am of the view that the applicant is entitled to be released on bail. 6. Let the applicant-Badam Singh, who is involved in aforementioned case crime 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 subject to following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) 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 IPC. (iii) 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., may be issued and if 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. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad