Neutral Citation No. - 2025:AHC:138269 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11918 of 2022 Applicant :- Shamshuddin Opposite Party :- State of U.P. Counsel for Applicant :- Avadh Raj Sharma,Irshad Ahmad,Narendra Kumar,Roopesh Kumar Mishra,Saurabh Tripathi,Shadab Alam,Shan Md,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mohd. Abid Ali holding brief of Sri Shan Mohd., learned counsel for the applicant, Sri Shashi Kant Pandey, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Shamshuddin, seeking enlargement on bail during trial in connection with Case No.516 of 2019, Case Crime No.199 of 2018, u/s 363, 366, 376, 344, 506 IPC, P.S. Zarif Nagar, District Budaun. 4. This is a second bail application. The first bail application of the applicant was rejected vide order dated 16.2.2022 passed by this Court in Criminal Misc. Bail Application No. 4474 of 2022. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that trial in the present matter has started in which the first informant has been examined as P.W.1, Phool Bano has been examined as P.W.5, the two victims have been examined as P.W.2 and P.W.3 respectively and Shalini Chauhan, the Head Constable, Police has been examined as P.W.4. Both the victims have not supported the prosecution case. It is further argued that the applicant has not been assigned any role by P.W.3 whereas P.W.2 also does not assigns any role to the applicant and in the cross-examination states that he has been falsely implicated on the saying of her father and villagers. It has also been pointed out that the applicant is not having any criminal history as stated in para 31 of the affidavit. The applicant is in jail since 10.12.2021. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that trial in the matter has started in which four prosecution witnesses have been examined. Both the victims in their statement before the trial court have not supported the prosecution case. P.W.2 in her cross-examination states that the applicant has been falsely implicated on the saying of her father and villagers. 8. Looking to the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant-Shamshuddin, be released on bail in the aforesaid case crime number on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 13.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad