Neutral Citation No. - 2025:AHC-LKO:18535 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 247 of 2025 Applicant :- Khujra @ Mohit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko Counsel for Applicant :- Shailender Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Counter affidavit filed today by learned A.G.A. is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by the applicant with regard to Case Crime No.305 of 2017, under Sections 395 I.P.C., Police Station Manjhila, District Hardoi. 4. Submission of learned counsel for the applicant is that in this case, occurrence had taken place in the night of 17.11.2017. It is stated in the First Information Report that complainant was sleeping in his house . At about 11:00 p.m., 15-18 persons entered the house and had captured the complainant and his family members and had looted the household properties, cash and jewellery. Later on, the present applicant along with other co-accused person were arrested in Case Crime No.48 of 2018 under Section 307 IPC., when they had open fire upon police party. However, no recovery of a looted articles had been made from the possession of the present applicant. It is stated that the applicant has been falsely been implicated in this case. He has further stated that the co-accused Rajik having similar role has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 27.06.2018 passed in Bail Application No.4697 of 2018 as well as other co-accused Tunnu @ Naseem, Irfaan @ Raffan, Chhotey, Rajeev Singh, Aashu @ Anshul, Islam, Illiyas, Akulley, Kallu and Jhakulley @ Avdhesh have also been enlarged on bail by Co-ordinate Benches of this Court, copies of bail orders are annexed as Annexure No.3 to the application. Learned counsel for the applicant claims parity to the same. He has further submitted that the applicant is under incarceration since 16.10.2019 and applicant has criminal history of five cases which is duly explained in paragraph 9 affidavit filed in support of the application. 5. Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that the F.I.R. has been filed against 15 to 18 unknown persons; no recovery of the looted articles has apparently been made from the possession of the applicant; co-accused Rajik having similar role has already been enlarged on bail by a Co- ordinate Bench of this Court vide order dated 27.06.2018 passed in Bail Application No.4697 of 2018 as well as other co- accused Tunnu @ Naseem, Irfaan @ Raffan, Chhotey, Rajeev Singh, Aashu @ Anshul, Islam, Illiyas, Akulley, Kallu and Jhakulley @ Avdhesh have also been enlarged on bail by Co- ordinate Benches of this Court, copies of bail orders are annexed as Annexure No.3 to the application; the applicant is under incarceration since 16.10.2019; criminal history of the applicant has been explained in paragraph 9 of the affidavit filed in support of the application. 7. 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. 8. Let applicant- Khujra alias Mohit, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Magistrate/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 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (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. is issued and the 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 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 him in accordance with law. Order Date :- 2.4.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench