Neutral Citation No. - 2025:AHC:24608 Court No. - 35 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38268 of 2024 Applicant :- Yashwant @ Shani Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Km. Khushi, Prince Kumar Srivastava Hon'ble Shekhar Kumar Yadav,J. 1. Heard Mr. Kamlesh Kumar Tiwari, learned counsel for the applicant, learned Additional Government Advocate for the State, Mr. Prince Kumar Srivastava, learned counsel for the informant and perused the material available on record. 2. By means of this application, the applicant is seeking enlargement on bail in Case Crime No.268 of 2024, under Sections 302, 34 and 404 IPC and Section 3/25 Arms Act, Police Station Kaptanganj, District Kushinagar. 3. The first information report of this incident was lodged by the informant Yamina Khatoon, who is mother of the deceased, against applicant and four unknown persons with the allegation that on 09.06.2024 at about 11.40 pm, the applicant alongwith four unknown persons came at her house and called her son while using abusive language and when her son came out from his house, the applicant has opened fire upon his son, as a result, he died on the spot. 4. Submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. There is no direct or indirect evidence against the applicant. Although the applicant is named in the FIR but during trial the facts witnesses, who are mother and two sisters of the deceased, have not supported the prosecution story and ultimately declared turned hostile. Further submission is that there are five accused persons out of them three accused persons, namely, Kuldeep Sahani @ Botal, Vishal Alias Aditya Pratap Chaudhary and Ankit Yadav have already been granted bail by this Court vide orders dated 09.09.2024, 25.09.2024 and 03.10.2024 passed in Criminal Misc. Bail Application Nos.29052, 35597 and 34067 of 2024, copy of bail orders have been placed on record. Further submission is that there is no possibility of early conclusion of trial in near future because there are 27 witnesses including three facts witnesses and till now only facts witnesses have been examined. 5. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. He submitted that the applicant is languishing in jail since 14.06.2024 having no previous criminal history. 6. Per contra, learned A.G.A. as well as learned counsel for the informant have submitted that the applicant is named as well as charge-sheeted accused, therefore, he does not deserve any indulgence by this Court, however, he could not dislodge the factual and legal submissions urged by the learned counsel for applicant. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State, upon perusal of material brought on record, nature and gravity of offence, evidence, complicity of the accused, bur without expressing any opinion on the merits of the case, this Court finds it to be a fit case for bail. 8. Let the applicant-Yashwant @ Shani Sharma, involved in the aforesaid case be released on bail on 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. 11. With the above observation/direction, the instant bail application is allowed. Order Date :- 20.2.2025 Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad