Neutral Citation No. - 2025:AHC-LKO:35180 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5239 of 2025 Applicant :- Sohel Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Sectt. Lko Counsel for Applicant :- Jaikaran,Manish Singh Chauhan,Sheo Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Power filed on behalf of complainant by Shri Mohd. Taufiq Siddiqui, Advocate is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P., as well as learned counsel for the complainant and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.0204 of 2024, under Sections 147, 148, 149, 302, 323, 307, 325, 286, 506/34 and 120-B I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Lilapur, District- Pratapgarh. 4. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 01.09.2024. Learned counsel for the applicant further submits that as per prosecution case one person has died due to firearm injury which was caused by co-accused/Sharukh and general role of firing has been assigned to the present applicant. The trial is not going on. The applicant has no previous criminal antecedent. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. as well as learned counsel for the complainant opposes the prayer for grant of bail to the applicant. Learned counsel for the complainant submits that PW-1 has been examined in the Court but he does not dispute the fact that role of causing injury to the deceased has been assigned to co-accused/Sharukh. 6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A., as well as learned counsel for the complainant and going through the contents of FIR as well as other relevant documents, as general role of firing has been assigned to the applicant but it is evident from the record that role of causing injury to the deceased has been assigned to co- accused/Sharukh, I am of the view that the applicant is entitled to be released on bail. 7. 7. Let the applicant- Sohel, 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 IPC. (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., 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 IPC. (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. 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. Order Date :- 10.6.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench