Neutral Citation No. - 2025:AHC:116069 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46485 of 2024 Applicant :- Pujari Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. This is second bail application moved on behalf of the applicant. The first Criminal Misc. Bail Application No. 6142 of 2023 has been rejected by this Court vide order dated 17.03.2023. 2. Heard Sri Dheeraj Kumar Dwivedi, learned counsel for the applicant, Sri Anil Kumar Singh, learned counsel for the State Respondent and perused the material on record. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present. Learned counsel for the applicant submits that the applicant is not named in the FIR and his name surfaced in the statement of the co-accused Faheem @ Chand. He further submits that as per version of the FIR the main allegation has been levelled against the co-accused Faheem @ Chand, who has been granted bail by the Co-ordinate Bench of this Court vide order dated 20.09.2024 passed in Criminal Misc. Bail Application No. 45507 of 2023, therefore, the applicant is also entitled to be released on bail. Learned counsel thus argued that the applicant has been falsely roped in the present case merely on the ground of suspicion and therefore, the applicant is entitled to be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 13.10.2024 and the applicant has no criminal history. 4. Per contra, learned AGA opposed the prayer for bail. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 6. Let the applicant Pujari Kashyap, be released on bail in Case Crime No. 27 of 2022 under Section 302 I.P.C. Police Station Colonelganj, District Kanpur Nagar, on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C. (V) 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 8. The bail application is allowed. Order Date :- 17.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad