Neutral Citation No. - 2025:AHC-LKO:6668 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 894 of 2025 Applicant :- Gyan Singh @ Gyani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Gauri Suwan Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri G. S. Pandey, learned counsel for the applicant and Sri Nirmal Kumar Pandey, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 24.11.2024, in FIR/ Case Crime No. 324 of 2024, under Sections 318(4), 338, 336,(3), 340(2) BNS, Police Station- Madiyav, District- Lucknow. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR which shows that for the alleged incident dated 02.08.2024, the FIR has been lodged on 10.10.2024 without explaining the delay. In the FIR, the allegation has been levelled against nine accused persons and one unknown person. As per the allegation, the applicant with the collusion of Smt. Rekha Yadav as sold out a piece of land of the informant by imprsonating another person. He has further stated that the aforesaid piece of land was mutated also but in the meantime, the informant came to know about the aforesaid fraudulent act and he filed the objection resultant thereof such mutation order was set aside. The aforesaid piece of land is still in the possession of the informant. Investigation is going on in the matter. The present applicant has criminal history of one case which has been duly explained in para No. 20 of the bail application. 4. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate 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. Therefore, 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 for the alleged incident dated 02.08.2024, the FIR has been lodged on 10.10.2024 without explaining the delay. In the FIR, the allegation has been levelled against nine accused persons and one unknown person; the allegation against the applicant is of impersonation; the piece of land in question is still in the possession of the informant; investigation is going on in the matter; criminal history of one case against the applicant has been duly explained 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- Gyan Singh @ Gyani 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 IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./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 in accordance with law. (v) The present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 29.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench