Neutral Citation No. - 2025:AHC-LKO:40115 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4421 of 2025 Applicant :- Angrej Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Dr. Surendra Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 07.06.2021 in Case Crime No.228 of 2021, under Section 302 IPC, Police Station – Motipur, District – Bahraich. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Learned counsel has submitted that out of twelve prosecution witnesses, only one prosecution witness has been examined and the same has turned hostile. In the given circumstances, there is no likelihood of the trial to be concluded shortly, therefore, considering the period of long incarceration of the applicant i.e. about four years and two months in jail, he may be enlarged on bail. The present applicant is having no prior criminal history of any kind whatsoever. 4. Learned counsel for the applicant has relied upon the judgments of the Apex Court in re; Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 and Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation passed in Criminal Appeal No. 693 of 2021 (Arising out of SLP (Crl) No.3610 of 2020), wherein the Apex Court has held that if there is no possibility to conclude the trial in near future and the accused applicant is in jail for a substantial period then the period of incarceration may be considered for bail. He has further submitted that the applicant undertakes that he shall co-operate in the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order. 5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that out of twelve prosecution witnesses, only one prosecution witness has been examined and the same has turned hostile, therefore, there is no possibility of the trial to be concluded in near future; considering the dictum of the Apex Court in re; K.A. Najeeb (supra) and Paras Ram Vishnoi (supra); the period of incarceration of the present applicant i.e. about four years and two months; the present applicant is having no previous criminal history and undertaking of the applicant that he shall co-operate in the trial proceedings and shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let applicant- Angrej Singh 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 of the Indian Penal Code/ 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 the 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 of the Indian Penal Code/ 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 the 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 14.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench