Neutral Citation No. - 2025:AHC-LKO:35284 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5209 of 2025 Applicant :- Vipin Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Ashwani Kumar Singh,Anurag Singh 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 of U.P., learned counsel for the complainant and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.239 of 2024, under Sections 191(2), 191(3), 115(2), 117(2), 109, 352, 351(2), 351(3), 190, 103(1) B.N.S., Police Station - Motigarpur, District - Sultanpur, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 21.9.2024. As per the prosecution case, incident was taken place on 19.9.2024, then F.I.R. of the case in question was lodged by Randheer Singh. He also submits that Abhishek Singh, who is claiming himself as an eye witness also stated that he received injuries during the course of incident when his uncle was beaten by the applicant and other co-accused persons. During the course of investigation, medico legal examination of Abhisehk Singh was conducted on 24.9.2024 but the delay has not been explained. In the statement of Abhishek Singh, who is claiming himself as an injured witness, he stated that at the time of incident, applicant and Arjun reached on the spot by a vehicle and they were having iron rods in their hands, by which, they assaulted him as well as the deceased. In the investigation, the presence of Arjun Singh was found at some other place, as a result, his name was dropped by the Investigating Officer. It is also submitted that danda was recovered on the pointing out of the applicant and co-accused persons but the involvement of Arjun was found false who came on the spot alongwith the applicant, therefore, the investigation of the case in question is faulty. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. as well as learned counsel for the complainant have oppose the prayer for grant of bail and submit that applicant actively participated in the incident as the injured witness in his statement has categorically define the role of the applicant but they do not dispute this fact that applicant reached on the spot alongwith Arjun having iron rod and thereafter, danda was recovered on the pointing out of the applicant and Arjun but name of Arjun was dropped by the Investigating Officer on the basis of plea of alibi. 5. Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R. including the statement of the injured Abhishek Singh, it is evident that as per the prosecution case, incident was taken place on 19.9.2024 but the medico legal examination of Abhishek was conducted on 24.9.2024 but the delay has not been explained, it is also evident that applicant alongwith Arjun reached on the spot by a vehicle and recovery was also shown by the Investigating Officer but during the course of investigation, name of Arjun was dropped on the basis of plea of alibi, therefore, I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Vipin Singh - 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/269 BNS. (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./84 BNS, 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/209 BNS. (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./351 BNS. 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. 8. Trial Court is directed to conclude the trial expeditiously, without giving any unnecessary adjournment to either of the parties. Order Date :- 11.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench