Neutral Citation No. - 2025:AHC:39895 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6275 of 2023 Applicant :- Afjal @ Javed Kureshi Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Rakesh Dubey, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record. 2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 42 of 2022, under Sections 147, 148, 149, 153, 307, 323, 332, 333, 336, 353, 504, 506, 34, 427, 327 of IPC and Section 7 of Criminal Law Amendment Act & Section 3/4 of Prevention of Damage to Public Property Act, Police Station- Bekanganj, District-Kanpur Nagar. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. He further submitted that there is no evidence against the applicant about his participation in the alleged incident dated 03.06.2022 or there is neither any such video nor photograph of the applicant about indulging in the said incident. The applicant is not named in the F.I.R. and his name has surfaced for the first time in the statement of co-accused-Mukhtar Ahmad who has been granted bail by coordinate Bench of this Court vide order dated 03.11.2022 in Criminal Misc. Bail Application No.45880 of 2022. 4. It is further contended that after taking note of entire facts and circumstances of the case, co-accused, namely, Abdul Rahman, Ajeem @ Ajeem Shukla, Farhan Kalia, Mohammad Amir, Seraj Hussain, Mohammad Nasir, Sartaj, Nizam Quraishi, Arshad @ Bablu @ Shikari, Shahenshah @ Naeem, Azizurrahman, Mohammad Faisal Jafri, Saklain and Mohd. Shahid have already been enlarged on bail by this Court vide orders dated 29.09.2022, 2.9.2022, 18.8.2022, 6.9.2022, 11.8.2022, 7.9.2022, 27.9.2022, 26.9.2022, 23.9.2022, 28.9.2022, 26.9.2022, 20.9.2022, 16.9.2022, 28.9.2022 and 03.11.2022, passed in Criminal Misc. Bail Application Nos. 32039 of 2022, 32488 of 2022, 32445 of 2022, 32765 of 2022, 35909 of 2022, 37676 of 2022, 38826 of 2022, 38491 of 2022, 38646 of 2022, 38691 of 2022, 41022 of 2022, 40673 of 2022 and 43620 of 2022. Accordingly, the applicant is also entitled for bail. It is next submitted that criminal history of 30 cases shown against the applicant have been duly explained in paragraph no.11 of the affidavit filed in support of the bail application and supplementary affidavit filed. It is next contended that nothing incriminating has been recovered from the possession of the applicant or on his pointing out. He is enlarged on bail in most of the cases. 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 17.11.2022 and the possibility of conclusion of trial in near future is very bleak. 5. Learned A.G.A. has vehemently opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused has already been released on bail and the applicant was not named in the F.I.R. and his name has surfaced for the first time in the stament of co-accused-Mukhtar Ahmad who has been granted bail by coordinate Bench of this Court. 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 keeping in mind that co-accused has already been released on bail by this Court 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-Afjal @ Javed Kureshi 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. 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. Order Date :- 19.3.2025 MN/- Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad