Neutral Citation No. - 2025:AHC-LKO:15916 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2339 of 2025 Applicant :- Sulkhan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Upendra Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. First bail application has been filed with regard to Case Crime No.0414 of 2024, under Sections 318(4), 319(2), 336(2), 338 and 61 of B.N.S. and Section 163 of the Railways Act, Police Station G.R.P. Charbagh, District Lucknow. 3. Submission of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. He submits that applicant was not arrested on the spot and only on the basis of confessional statement of co-accused Mohd. Iliyas, present applicant has been implicated in the present case. He added that there is no documentary evidence against applicant that article, i.e., oxytocin injections have been recovered from possession of the applicant. He further submits that applicant is undertaking that he will co-operate with the investigating proceedings and will remain present before the Investigating Officer as and when required. He further submits that the applicant has no previous criminal history and is languishing in jail since 21.12.2024. He undertakes that in case, he is granted bail, he will not misuse liberty of same and would cooperate in the trial proceedings. 4. Per contra, learned AGA appearing for the State has opposed the bail application with submission that after thorough investigation, it was found that applicant was involved in committing offence and as such, he is not entitled for any relief. It is also submitted that additional Section, i.e. Section 27B(1) of the Drugs and Cosmetics Act has also been imputed against applicant but Bail Application has not been filed under the said provision. 5. Having heard learned counsels for the parties and upon perusal of material placed on record, it transpires that the applicant is languishing in jail since 21.12.2024; prima facie, applicant was not arrested on the spot and only on basis of confessional statement of co-accused Mohd. Iliyas,present applicant has been implicated in the present case; there being no documentary evidence against applicant that article, i.e., oxytocin injections have been recovered from possession of applicant; there being no cogent piece of evidence against applicant so as to connect him with the offence coupled with fact that co- accused Shyamu Gupta @ Nagendra Nath Gupta has already been enlarged on bail by a coordinate Bench of this Court in CRIMINAL MISC. BAIL APPLICATION No. - 2144 of 2025 vide order dated 11.03.2025 and also that applicant has undertaken to the effect that in case he is granted bail, he will not misuse the liberty of same and would cooperate in trial proceedings. 6. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of Court in support of the charge, reformative theory of punishment and considering larger mandate of Article 21 of the Constitution of India and, without expressing any view on merits of the case, I find it to be a fit case for bail. 7. Let applicant- Sulkhan 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 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 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 209 of BNS. (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 BNSS. 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. Order Date :- 19.3.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench