Neutral Citation No. - 2025:AHC-LKO:37539 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 723 of 2025 Applicant :- Brijesh Agrahari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Atul Verma,Ali Moid Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Atul Verma, 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 27.9.2024 in Case Crime No. 197/2024, u/s 80/85 B.N.S. and 3/4 D.P. Act, Earlier 498A, 304B IPC, P.S. Karaundikala, District Sultanpur. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. At the very outset Sri Atul Verma has drawn attention of this Court towards supplementary affidavit filed on 23.6.2025 enclosing therewith the statement of P.W.-1 (informant / brother of the victim), P.W.-2 (inquest witness / cousin sister of the victim) and P.W.-3 (uncle / fufa of the victim) who was instrumental for the marriage of the victim with the present applicant. All the aforesaid witnesses are fact witnesses and P.W.-1 is sole star witness. The aforesaid witnesses have turned hostile. Therefore, Sri Verma has stated that when the fact witness and the sole star witnesses have turned hostile, the present applicant may be enlarged on bail. He has further submitted that the present applicant was falsely implicated by means of impugned F.I.R. 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. and the fact that the P.W.-1 (informant / brother of the victim), P.W.-2 (inquest witness / cousin sister of the victim) and P.W.-3 (uncle / fufa of the victim) who was instrumental for the marriage of the victim with the present applicant, have turned hostile, P.W.-2 and P.W.-3 are the fact witnesses and P.W.-1 is the sole star witness 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 Brijesh Agrahari, 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 / she 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 / her 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 B.N.S.S., 2023 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 / her 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 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 3.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench