Neutral Citation No. - 2025:AHC-LKO:33827 Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 538 of 2025 Applicant :- Anoop @ Annu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This third bail application has been filed by the applicant in F.I.R. No. 704 of 2018, under Sections 302, 394, 34 IPC, Police Station Vibhuti Khand, District Lucknow with the prayer to enlarge him on bail. The 1st Bail Application No. 7183 of 2020 was rejected vide order dated 17.08.2021 and 2nd Bail Application No. 10598 of 2022 was rejected vide order dated 03.05.2024. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case only on the basis of confessional statement of the other co- accused. It is further submitted that while rejecting 1st bail application, this Court directed the trial court to conclude the trial expeditiously preferably within a period of one year. Commissioner of Police, Lucknow as well as Joint Director of Prosecution, Lucknow were also directed to ensure presence of witnesses before the trial court for conclusion of trial. While rejecting 2nd Bail Application No. 10598 of 2022, this Court vide order dated 03.05.2024 directed the trial court to conclude the trial on day to day basis with the further direction to the Director General of Police, U.P., Lucknow to ensure the presence of witnesses as well as accused persons before the trial court. Submission of the learned counsel for the applicant is that till today only 9 witnesses have been examined out of total 28 witnesses. It is also submitted that the co-accused Sonu/Kapoor Singh/Andha has already been granted bail by this Court vide order dated 05.04.2022 (Annexure 11 to the bail application). It is next submitted that the applicant has no criminal antecedent prior to the present F.I.R. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since 12.09.2019. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that sufficient evidences have been found against the applicant during the course of investigation, on the basis of which, the charge sheet has been filed. However, he does not dispute the fact that names of 28 witnesses are mentioned in the charge sheet and till today, only 9 witnesses have been examined. 5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., bail application, orders rejecting the bail applications passed by this Court as well as other relevant documents, it is evident that while rejecting the earlier two bail applications, direction was issued to the trial court to conclude the trial within stipulated period, but the same has not been concluded till today. It is also evident that the applicant is in jail since 12.09.2019 and till today, only 9 witnesses have been examined out of total 28 witnesses. In such circumstances, I am of the view that the applicant is entitled to be released on bail. 6. Application stands allowed. 7. Let applicant -Anoop @ Annu be released on bail in F.I.R. No. 704 of 2018, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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 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 IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. 9. Trial court is directed to conclude the trial expeditiously. Order Date :- 30.5.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench