SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA2 No. 243/2025 Hon’ble Manoj Kumar Tiwari, A.C.J. Mr. Dinesh Chandra Joshi, Advocate, for the applicant. Mr. K.S. Bora, Deputy AG, for the State. (2) This is the second bail application moved on behalf of the accused–applicant in connection with Case Crime/FIR No. 497 of 2022, under Sections 399 and 402 IPC and Section 25(1-B)(a) of the Arms Act, Police Station Sitarganj, District Udham Singh Nagar. (3) Learned counsel for the applicant submits that the applicant was earlier granted regular bail by this Court vide order dated 28.07.2023, passed in First Bail Application No. 1515 of 2023. However, on 15.07.2024, the applicant could not appear before the Trial Court and consequently, non-bailable warrants were issued against him. His application for recall of NBW was rejected and he was taken into custody. His subsequent bail application before the Trial Court was also rejected vide order dated 20.08.2024. (4) It is argued on behalf of the applicant that his absence on 15.07.2024 was neither intentional nor deliberate. He had gone to the State of Karnataka for labour work and due to circumstances beyond his control, as the contractor was not permitting him to leave, he could not appear before the Trial Court on that date. It is further submitted that the applicant has already suffered incarceration for the last several months, trial is likely to take some time and that he undertakes to remain present on all future dates before the Trial Court. (5) Learned State Counsel opposes the bail application but does not dispute the fact that the applicant was earlier granted regular bail in the same case and that the present custody has arisen only due to his non- appearance on one date. (6) Having heard the rival submissions and taking into account that the applicant was earlier granted bail after due consideration, his present custody is only on account of a solitary default in appearance, he has explained the circumstances for his absence which do not appear to be deliberate, trial is not likely to conclude in the immediate future, this Court is of the considered view that the applicant deserves to be enlarged on bail. (7) Accordingly, bail application is allowed. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned, subject to following conditions: (i) Applicant shall furnish his mobile number and correct address to the SHO, PS Sitarganj and shall keep the same updated. He shall also mark his presence in the said police station once in every month. (ii) Applicant shall appear before the Trial Court on each and every date fixed, unless exempted by the Court concerned. (iii) Applicant shall not misuse the liberty of bail in any manner. (iv) In case the applicant defaults in appearance without sufficient cause on any future date, the Trial Court shall be at liberty to take coercive measures including cancellation of bail. (Manoj Kumar Tiwari, J.) 25.9.2025 Pr