Neutral Citation No. - 2025:AHC-LKO:2977 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 368 of 2025 Applicant :- Vineet Yadav Opposite Party :- State Of U.P. Lko. Counsel for Applicant :- Abhishek Tiwari,Ajay Rajput,Ramendra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Abhishek Tiwari, learned counsel for the applicant and Sri Rajneesh Kumar Verma, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 02.09.2024 in Case Crime No.374 of 2024, under Sections 109 (1) & 115 (2) of B.N.S., Police Station – Gazipur, District – Lucknow. 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 allegation has been levelled against Suraj and Vipin. Later on, during investigation, it was found that Vipin is Vineet Yadav, the present applicant. Specific allegation of stabbing is against Suraj and if the prosecution story is considered on its face value, the present applicant was present at the place of incident. Though the complainant has filed an affidavit before the competent authority (Annexure No.2) to indicate that the present applicant was not involved in the incident in question and he has been wrongly arrested as he had nothing to do with the incident in question. The present applicant is having no prior criminal history of any kind whatsoever and charge sheet has been filed. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 4. 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. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that specific allegation of stabbing has been levelled against Suraj and the present applicant was present at the place of incident; the complainant has filed an affidavit before the competent authority (Annexure No.2) to indicate that the present applicant was not involved in the incident in question and he has been wrongly arrested as he had nothing to do with the incident in question; the applicant is having no prior criminal history of any kind whatsoever and 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. 6. Accordingly, the bail application is allowed. 7. Let applicant- Vineet Yadav 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 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 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 208 of the B.N.S., 2023. (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 351 of the B.N.S.S., 2023. 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 :- 17.1.2025 /RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench