Neutral Citation No. - 2025:AHC-LKO:2210 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 317 of 2025 Applicant :- Ashok Giri @ Ashok Pradhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lok Bhawan Lko. U.P. And 2 Others Counsel for Applicant :- Shivendra S Singh Rathore,Bhavesh Chandel,Piyush Raj Verma,Sachin Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Supplementary affidavit filed today by the counsel for the applicant is taken on record. Heard Sri Shivendra S Singh, learned counsel for the applicant, the learned AGA for the State and Sri Dinesh Kumar Sharma, learned counsel for the complainant who has filed his vakalatnama and the same is taken on record. The present applicant is in jail since 17.12.2024, in case crime no. 150 of 2024, under Sections 191(2), 191(3), 115(2), 352, 76, 333 and 105 of BNS at Police Station Mahigawan District Lucknow. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the First Information Report, wherein, the allegation has been levelled against six accused persons including the present applicant. This is the case of cross FIR, where the FIR from the side of the present applicant has been lodged on the same date, i.e., 30.11.2024 prior to the FIR being lodged against the present applicant and anothers. The details of the FIR being lodged from the side of the present applicant bears Case Crime No. 149 of 2024 under Sections 191(2), 191(3), 115(2), 117(2), 76, 352, 304(2) at P.S. Mahigawan District Lucknow. The present applicant is injured person as he lost his finger on account of sudden fight on 30.11.2024. Both the sides are family members and on trivial dispute, the aforesaid sudden fight took place. Attention has been drawn towards the statement of eye witness and other witnesses who are the family members from the side of the complainant who have not levelled any allegation against the present applicant rather has stated that the present applicant has lost his finger in aforesaid sudden fight between the parties. Further, nothing incriminating has been recovered from the present applicant. As a matter of fact, on the date of incident the present applicant was not able to commit any offence being himself an injured person. The criminal history of two cases of the present applicant has been explained. The investigation is going on and the applicant undertakes that he shall cooperate in the investigation and after completion of the investigation, if police report is filed, he shall cooperate in the trial proceedings. He further submits that if the applicant is released on bail, he shall 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. Learned Additional Government Advocate and the learned counsel for the complainant have, however, opposed the prayer for bail but they have not disputed the aforesaid submission of learned counsel for the applicant. Considering the aforesaid facts and circumstances of the case, perusing the material available on record, arguments advanced by the learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail. The bail application is allowed. Let the applicant- Ashok Giri @ Ashok Pradhan, 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 applicants fail 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 :- 13.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench