Neutral Citation No. - 2025:AHC-LKO:38854 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2073 of 2025 Applicant :- Vimal Singh @ Vikas Vikram Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Atul Verma,Ali Moid Counsel for Opposite Party :- G.A.,Ramakar Shukla,Vijay Kumar Verma Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Atul Kumar Verma, learned counsel for the applicant, Sri Ranvijay Singh, learned AGA for the State and Sri Vijay Kumar Verma, learned counsel for the informant. 2. Supplementary affidavit filed today is taken on record. 3. The present applicant is in jail since 30.10.2024, in case crime no. 315 of 2024, under Sections 191(2), 191(3), 190, 333, 115(2), 351(2), 324(4), 103, 117(4), 352, 131 of BNS at Police Station Gauriganj District Amethi. 4. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 5. Attention has been drawn towards the impugned First Information Report, wherein, general allegation of beating and assault has been attributed to 6 named accused persons and 10 unknown accused person. Though the present applicant is named in the First Information Report, but no specific role has been attributed to him. As per the prosecution story, the accused persons have fired upon the face of the mother of the complainant. On account of assault and beating, the complainant and his wife received injuries. While recording his statement under Section 161, the same story has been narrated to the effect that the accused persons have fired upon the face of the of his mother and the complainant and his wife received injuries. Before death of the mother of the complainant, she recorded her statement and has stated that she received injuries from farsa and lathi-danda. Therefore, Sri Verma has stated that the prosecution story as well as the statement recorded under Section 161 falsifies, wherein the fact has been indicated that all the accused persons have fired upon the face of the mother of the informant. Attention has been drawn towards the supplementary affidavit which has been filed today wherein vide paragraph 3, one fact has been indicated that the present applicant is the student studying in third year of B.A. 1st year and essential documents have been annexed as Annexure No. 7. Sri Verma has therefore stated that the present applicant has been falsely implicated and despite the fact that he was not involved in the offence in question, general allegation has been levelled against him. There was one false FIR against the present applicant, wherein, final report has already been filed. Therefore, Sri Atul Verma has stated that if the present applicant is released on bail, he may pursue his studies and he will not misuse the liberty of bail and shall cooperate by all terms and conditions of the bail order and shall corporate in the trial proceedings. 6. Learned AGA, as well as the learned counsel for the informant have vehemently opposed the bail application, but could not dispute the contention of the learned counsel for the applicant. 7. 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 the present applicant is languishing in jail since 30.10.2024; only general allegations have been levelled against the applicant and he is a student of BA 1st year; there is no likelihood to conclude the trial in the near future; 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. 8. The bail application is allowed. 9. Let the applicant- Vimal Singh @ Vikas Vikram Singh, 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 of the Indian Penal Code. (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. is issued and the applicants fail 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 of the Indian Penal Code. (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. 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) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. Order Date :- 7.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench