Neutral Citation No. - 2025:AHC:136934 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42318 of 2024 Applicant :- Monu @ Pushpendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Rajendra Prasad Shukla, learned counsel for the applicant, Sri Arimardan Yadav, 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 No.522 of 2023, under Sections 302, 307, 323, 504, 506, 384 I.P.C., Police Station Kotwali Fatehgarh, District Farrukhabad with the prayer to enlarge her on bail. 3. As per prosecution story, it is alleged that on 06.11.2023 at about 2:00 pm informant and his brother were siting on the shop, the accused-applicant namely, Monu and his brother Ram came at the shop and asked for money from the father of the informant for alcohol and when his father refused the same, Monu and Ram threatened him to face consequences. It is allege that when the informant went to police chauki then the applicant Monu with Belcha, Ram and his mother Puspa Devi came with Danda and committed mar-peet and the applicant Monu hit with belcha on the head of informant's father resulting which informant's father received several injury and during treatment he died. 4. The submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case. The applicant has no concern with the alleged incident. As per FIR, there is no specific role has been assigned to the applicant. There is nothing incriminating article recovered from the possession of the applicant. There is no independent eye witness of the alleged incident. 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 herself available before the court whenever required. He submitted that the applicant is languishing in jail since 08.11.2023 having no previous criminal history. It is further submitted that on the similar footing the co-accused Pushpa Devi has been granted bail by the Court vide order dated 05.06.2024 passed in Criminal Misc. Bail Application No. 20945 of 2024, therefore, the applicant is also entitled to be released on bail. 5. Learned A.G.A for the State has vehemently 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 the applicant Monu @ Pushpendra Singh, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (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 her absence, without sufficient cause, the Trial Court may proceed against her 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 her, 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 his 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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. Order Date :- 12.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad