Neutral Citation No. - 2025:AHC-LKO:13191 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1906 of 2025 Applicant :- Rohan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. Counsel for Applicant :- Mayank Pandey,Shailendra Kumar Upadhyaya Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned for the State and perused the material placed on record. Instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 622 of 2014, under Sections 379, 411, 413, 419, 420, 467, 471 IPC, Police Station Chowk, Lucknow. Contention of the learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant matter. He submits that the applicant was enlarged on bail but due to wrong noting of the the fixed date, he could not appear on 29.2.2025 before the trial court concerned and thereafter the non bailable warrant was issued and he was arrested and sent to Jail though the applicant never intended to abscond from the trial proceedings. He also submits that there is one case criminal antecedent of the applicant as is mentioned in paragraph 7 of the bail application and he is languishing in jail since 15.4.2024. He next submits that his absence before the trial court is not deliberate, but is due to unavoidable circumstances and he undertakes that if, he is granted bail, he will not misuse the liberty of bail and will always remain present before the trial court and would cooperate in the trial proceedings. Per contra, learned A.G.A. opposed the prayer of bail and submits that applicant is not appearing before the trial court and trial is being hampered thus, applicant is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant has explained his non-presence in paragraph 14 of the bail application as he stated that due to wrong noting of the date, he could not appear before the trial court and there is no one case criminal history of the applicant as is mentioned in paragraph 7 of the bail application and is languishing in jail since 15.4.2024 and he undertakes that he will not misuse the liberty of bail and will always remain present before the trial court and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant- Rohan Singh, involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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 applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. It is further provided that the applicant shall remain present on next date fixed before the trial court failing which the trial court shall inform this Court. Order Date :- 4.3.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench