Neutral Citation No. - 2025:AHC-LKO:43452 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5136 of 2025 Applicant :- Shivam Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Abhay Raj Singh, learned counsel for the applicant and Sri Rishikesh Verma, learned A.G.A. for the State but none has appeared on behalf of opposite party no. 2. 2. Learned counsel for the applicant has filed supplementary affidavit, same is taken on record. 3. It has been contended by the learned counsel for the applicant that the applicant is in jail since 19.7.2024 in Case Crime No. 87 of 2025 u/s 115(2) & 103 (1) BNS, P.S. Hasanganj, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned F.I.R. wherein the date of incident has been indicated as 12.7.2024 but the F.I.R. has been lodged on 16.7.2024 without explaining the delay of four days. In the F.I.R. the allegation has been levelled against three accused persons including the present applicant. There is no eye witness account in the present case. Only on the basis of circumstantial evidence, that may be considered at the best the last seen evidence, the present applicant has been implicated. The applicant has no prior criminal history of any kind whatsoever. He is a young student doing Computer 'O' Level Course from National Institute of Electronic and Information Technology, recital to this effect has been given in para no. 3 of the supplementary affidavit. The present applicant has registered himself to the Rajarshi Tandon Open University, Prayagraj for CFD Certificate in Fashion Designing, recital to this effect has been given in para 4 of the supplementary affidavit. Since the applicant is in jail for last one year he is not able to pursue his studies. Charge-sheet has been filed in this case. learned counsel submits that if the applicant is released on bail he would be able to pursue his studies. 5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the date of incident has been indicated as 12.7.2024 but the F.I.R. has been lodged on 16.7.2024 without explaining the delay of four days, in the F.I.R. the allegation has been levelled against three accused persons including the present applicant, there is no eye witness account in the present case, only on the basis of circumstantial evidence, that may be considered at the best the last seen evidence, the present applicant has been implicated, applicant has no prior criminal history of any kind whatsoever, applicant is a young student doing Computer 'O' Level Course from National Institute of Electronic and Information Technology and he has also registered himself to the Rajarshi Tandon Open University, Prayagraj for CFD Certificate in Fashion Designing, charge-sheet has been filed in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 8. Bail application is allowed. 9. 8. Bail application is allowed. 9. Let the applicant Shivam Soni, involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her under Section 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 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. . (Rajesh Singh Chauhan, J.) Order Date :- 28.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench