Neutral Citation No. - 2025:AHC-LKO:2888 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 367 of 2025 Applicant :- Vimal Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Ajeet Kumar Singh, learned counsel for the applicant and Shri Arun Verma, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 02.11.2024, in Case Crime No. 667 of 2024, under Sections 419, 420, 467, 468, 471 IPC, Police Station- Kiotwali Shahar, District- Hardoi. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein allegations have been levelled against three accused persons including the applicant. The date of incident is 24.03.2023 but the FIR has been lodged on 16.10.2024 without explaining the aforesaid inordinate delay. The allegation against the applicant is that he submitted the forged F.D.R. to get the license of the country made liquor shop in the year 2020-21. It is stated that the license of the aforesaid liquor license shop is still in favour of the applicant. He has not produced any forged F.D.R. but the F.D.R. which produced in the year 2020-23 was for one year. Further, some complaint has been received by the competent authority to the effect that the accused No. 2 namely Kuldeep Agrawal is not only running his shop but he is the de facto licensee of the shop issued in favour of the applicant and the applicant is hand in gloves with such Kuldeep Agrawal. The offences are triable by the Magistrate. There is no prior criminal history of any kind whatsoever against the applicant. 4. Learned counsel has further stated that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that in the impugned FIR allegations have been levelled against three accused persons including the applicant; the FIR has been lodged without explaining the inordinate delay; the submissions that the applicant has not produced any forged F.D.R. but the F.D.R. which produced in the year 2020-23 was for one year; some complaint has been received by the competent authority to the effect that the accused No. 2 namely Kuldeep Agrawal is not only running his shop but he is the defacto licensee of the shop issued in favour of the applicant; the offences are triable by the Magistrate; the applicant has no prior criminal history of any kind whatsoever and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Vimal Kumar be released on bail in the aforesaid case crime number 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:- (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. (v) The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan,J.) Order Date :- 15.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench