Neutral Citation No. - 2025:AHC:6075 Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37379 of 2024 Applicant :- Rishabh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Kumar Srivastava,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Piyush Agrawal,J. 1. Second supplementary affidavit files today is taken on record. 2. Heard Ms. Sandhya Chaturvedi, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record. 3. The present bail application has been filed by the applicant seeking bail in Case Crime No. 515 of 2023, under Sections 307, 504, 506 IPC, Police Station- Dibiyapur, District - Auraiya. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the general role has been assigned to the applicant. It is further submitted that as per the medical examination report, the injured has received one injury which is superficial in lacerated wound; no specific role has been assigned to the applicant; general allegations has been made against all the accused; the applicant has criminal history of nine cases including the present case. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 10.09.2023 and the possibility of conclusion of trial in near future is very bleak. 5. Learned A.G.A. has, however, opposed the prayer for grant of bail. 6. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 7. Let applicant namely Rishabh Yadav be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of 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 applicant 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 the applicant in accordance with law. (v) On any date of every first week of every calendar month, the applicant shall appear in person before the Station House Officer of the police station concerned. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. 9. The bail application is finally disposed of. Order Date :- 15.1.2025 Pravesh Mishra (Piyush Agrawal, J.) Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad