Neutral Citation No. - 2025:AHC-LKO:35905 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4716 of 2024 Applicant :- Shivam Verma Opposite Party :- State Of U.P Thru. Addil. Chief Secy. Home Lucknow Counsel for Applicant :- Sushil Kumar Singh,Ayush Singh Counsel for Opposite Party :- G.A.,Atul Verma Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State of U.P. and perused the record. 2. This second bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 381 of 2020, under Sections 147, 148, 149, 302 I.P.C., Police Station- Para, District- Lucknow. 3. It is submitted by the learned counsel for the applicant that the applicant is an innocent person and has been falsely implicated in the present case and thereafter false recovery of the weapon was also shown from him by the investigating officer. It is further submitted that the charge sheet has been submitted in the present case and he was not having any criminal antecedents and after taking into custody in the present case, he was also implicated in another case for the offence under the provisions of Gangster Act. It is next submitted that all the witnesses of fact have already been examined and the role of firing is assigned to co-accused Gaurav Verma, who has already been enlarged on bail by this Court vide order dated 13.2.2024 (Annexed as Annexure A-19) passed in Criminal Misc. Bail Application No. 501 of 2023. It is also submitted that the weapon, which was recovered on the pointing out of the applicant, was sent to the FSL for matching with bullets, those were recovered from the spot but negative report was given by the FSL. There is no possibility of tampering of any evidence as all the witnesses of fact have already been examined. The applicant is in jail since 19.7.2020 but till today trial has not been concluded. The applicant is ready to cooperate in the investigation and in these circumstances, the applicant is entitled for bail. In case, the applicant is enlarged on bail, he will not misuse the liberty of bail. 4. Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer of bail and submitted that sufficient evidence was found by the investigating officer in relation to the involvement of the applicant and he was also named in the FIR but they do not dispute this fact that the FSL report was negative in relation to the matching of weapon with bullets, which was recovered on the pointing out of applicant and they also do not dispute this fact that co-accused Gaurav Verma is having identical role who is already released on bail. 5. Considering the rival submissions of learned counsel for the parties and going through the contents of FIR as well as other relevant documents, the applicant is in jail since 19.7.2020 and the FSL report was negative in relation to the matching of weapon of applicant and the co-accused Gaurav Verma, who has also been enlarged on bail, I am of the view that the applicant is entitled to be released on bail. 6. The bail application is allowed. 7. Let the applicant- Shivam Verma, who is involved in aforementioned case 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 subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (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 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 I.P.C./269 B.N.S. (v) 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 B.N.S.S. 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./209 B.N.S. (vi) 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./351 B.N.S.S. 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournments of the parties. Order Date :- 19.6.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench