Neutral Citation No. - 2025:AHC-LKO:35458 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5183 of 2025 Applicant :- Hajari Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Manoj Kumari Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.0155 of 2025, under Sections 64, 351(3) BNS, Police Station Khairighat, District Bahraich. 3. Learned counsel for the applicant submitted that a case bearing Case Crime No.0125 of 2004 under Sections 324, 307, 504, 056 IPC at police station Khairighat, District Bahraich was lodged against the husband of the complainant of the present case, in which the applicant is one of the eye-witnesses and the trial of the said case is going on and the complainant and her husband were insisting the applicant for supporting them and when the applicant denied the FIR of case in question was lodged on the basis of concocted facts and the impugned prosecution case is a malicious one. The investigation is going on and there is no possibility of tampering of any evidence. The applicant is ready to co-operate in the investigation. He lastly submits that the applicant is in jail since 11.04.2025 and therefore be enlarged on bail. 4. Learned A.G.A. vehemently opposed the prayer of the applicant for bail but he does not dispute the fact that in one case the applicant was a witness in which husband of the complainant was accused. He further submitted that in the statement of victim she has supported the prosecution case, therefore, the applicant is not entitled to be released on bail. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, and the fact that in one case the applicant was a witness in which husband of the complainant is accused and the said case is going on and no custodial investigation is necessary, therefore, I find it as a fit case for bail of the applicant and I am of the view that the applicant is entitled to be released on bail. 6. 6. Let applicant - Hajari Chauhan be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Rajeev Singh, J.) Order Date :- 11.6.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench