Neutral Citation No. - 2025:AHC-LKO:35168 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5258 of 2025 Applicant :- Samoon Opposite Party :- State Of U.P. Thru. Secy. Of Home Lko Counsel for Applicant :- Ram Asarey Verma 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. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.101 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station- Isanagar, District- Lakhimpur Kheri. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case and he is in jail since 13.05.2019. He further submits that earlier bail application of the applicant was rejected on 11.10.2022 with direction to learned trial Court to conclude the trial within a period of one year, but till today, the trial has not been concluded. He next submits that all the witnesses of fact have already been examined, but the trial is not going on. He lastly submits that there is no possibility of conclusion of the trial in near future, hence, the applicant may be enlarged on bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that sufficient material is found against the applicant in the deposition of the witnesses. However, he does not dispute the fact that the applicant is in jail since 13.05.2019. 5. Considering the submissions of learned counsel for the parties and going through the contents of the bail application, F.I.R. as well as other relevant materials, it is evident from the order dated 11.10.2022 that direction was issued to the trial Court to conclude the trial within a period of one year, but the trial has not been concluded till today. It is also evident that all the witnesses of fact have already been examined. Therefore, it is a fit case for bail. 6. The bail application is allowed. 7. Let the applicant- Samoon 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. 9. The trial Court shall conclude the trial of the case in question, expeditiously, without giving any unnecessary adjournment to either of the parties. 10. Office is also directed to communicate this order to the trial Court, forthwith. Order Date :- 10.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench