Neutral Citation No. - 2025:AHC-LKO:38368 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5746 of 2024 Applicant :- Kisane Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Sukh Deo Singh, learned counsel for the applicant and Sri Ram Ji, learned Additional Government Advocate for the State. 2.As per learned counsel for the applicant, the present applicant (Kisane) is languishing in jail since 01.11.2023 in Case Crime No.278 of 2023, under Section 302 I.P.C., Police Station- Dostpur, District-Sultanpur. 3.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4.Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein it indicates that for the alleged incident dated 26.10.2023 the impugned F.I.R. has been lodged on 31.10.2023 without explaining the delay. On account of the prosecution story, so narrated in the F.I.R., the sole eye witness is one Hira Lal, who has allegedly seen the incident in question. Thereafter, attention has been drawn towards the supplementary affidavit filed on 11.04.2025 to show that the evidence of the said eye witness, Hira Lal, as PW-2 has been recorded on 18.03.2025 wherein he has denied the entire prosecution version as he has not supported the prosecution version. He has stated that he has not seen the incident in question. He has also stated that his statement was not recorded by the Investigating Officer. 5.Therefore, learned counsel for the applicant has stated that since the sole eye witness has not supported the prosecution, therefore, it creates doubt on the prosecution story. The present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly. 6.On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant. 7.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that there is unexplained delay in lodging the impugned F.I.R.; there is only one eye witness namely, Hira Lal (PW-2), who has seen the incident in question, has denied the entire prosecution version as stated that he has not seen the incident in question; the present applicant is having no prior criminal history and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8.Accordingly, the instant bail application is allowed. 9.Let the applicant (Kisane) 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 IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 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 174-A IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 7.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench