Neutral Citation No. - 2025:AHC-LKO:28834 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11815 of 2024 Applicant :- Mohit Kumar Opposite Party :- State Of U.P Counsel for Applicant :- Avdhesh Kumar Singh Yadav,Hemant Kumar Pandey,Prabhat Kumar Saxena,Riyaz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The 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. 0079 of 2023, under sections 326-A readwith section 34 of the I.P.C., Police Station-Gomti Nagar, District- Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the instant matter due to ulterior motive. He added that it is a case of circumstantial evidence as no one has seen the incident. He next added that the statements of the injured persons namely, Vikas Verma and Anita Verma, have been recorded before the learned trial court,wherein they have been declared hostile as they did not support the version of the prosecution. He submits that the informant, Akash Verma has also been declared hostile as he has also denied the story of the prosecution. He next submits that since the important witnesses of the facts have denied the story of the prosecution and therefore, there is no chance that the trial would lead to the punishment. He argued that the identically situated co-accused namely, Vikram @ Vicky has already been enlarged on bail by this court vide order dated 17- 10-2024 passed in Criminal Misc. Bail Application No. 10858 of 2024. He next submits that the applicant is a law abiding citizen and there is no previous criminal history of the applicant as has been explained in paragraph no. 30 of the bail application and he is languishing in jail since 30- 01-2023. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Therefore, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that after thorough investigation, it was found that the applicant is involved in committing the offence and therefore, the chargesheet has been filed against him,but, he could not dispute the fact that all the important witnesses have been declared hostile as they did not support the prosecution story and further, he also could not dispute the fact that the identically situated co- accused named above, has already been enlarged on bail by this court. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 30-01-2023; there is no previous criminal antecedent of the applicant as has been explained in paragraph 30 of the bail application; the important witnesses have been declared hostile; the identically situated co-accused named above, has already been enlarged on bail by this court coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same 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 fit case of bail. Let the applicant-Mohit Kumar, 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. Order Date :- 16.5.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench