Neutral Citation No. - 2025:AHC-LKO:4572 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 578 of 2025 Applicant :- Anand Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Deptt. Lko. Counsel for Applicant :- Vikas Pandey,Syed Kamil Hasan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vikas Pandey, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 23.3.2019 in Case Crime No. 145 of 2019 u/s 304 IPC, P.S. Maigalganj, District Lakhimpur Kheri. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. As per prosecution story the present applicant being a mentally abnormal person was throwing one stick in the air and the victim (since deceased) received head injury from that. The deceased is real brother of the present applicant and present applicant was having no motive or intention to cause any injury to his brother and the incident in question, if any took place inadvertently. Though the present applicant is denying this fact as he has not done such act. Learned counsel has further submitted that before the learned trial court the informant who is mother of the deceased and one another independent witness has not alleged anything against the present applicant rather has alleged against other persons namely, Vikas, Vijay and Pushpendra, the co- accused persons. The present applicant is having no prior criminal history of any kind whatsoever, therefore, considering the period of incarceration and the fact that the informant and independent witness have not alleged anything against the present applicant, he may be enlarged on bail. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., that applicant being a mentally abnormal person was throwing one stick in the air and the victim (since deceased) received head injury from that, deceased is real brother of the present applicant and present applicant was having no motive or intention to cause any injury to his brother and the incident in question, if any took place inadvertently, the informant who is mother of the deceased and one another independent witness has not alleged anything against the present applicant rather has alleged against other persons namely, Vikas, Vijay and Pushpendra, the co-accused persons, applicant is having no prior criminal history of any kind whatsoever, considering the period of incarceration and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicant Anand Kumar, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two 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 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.may be issued and if 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. (v) The applicant shall not leave the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 23.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench