Neutral Citation No. - 2025:AHC-LKO:35201 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5226 of 2025 Applicant :- Chhotkau Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Gyanendra Pathak Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Power, filed on behalf of the complainant by Shri Ashok Kumar Shukla, Advocate, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State, 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.059 of 2018, under Section 376-D I.P.C., Police Station- Huzoorpur, District- Bahraich. 4. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. It is further submitted that after lodging of the F.I.R. a detailed investigation was conducted and the investigating officer submitted final report on 15.09.2017. Thereafter, further investigation was conducted and again final report was submitted on 03.11.2017 to the Court concerned. A protest petition was filed which was allowed and the said application was treated as a complaint case. Thereafter, the complaint case was dismissed under Section 203 CrPC on 23.11.2021. This order was challenged in the revision which was allowed vide order dated 18.05.2024 and the matter was remanded back and thereafter summoning order was passed by the learned trial Court in the most mechanical manner. It is submitted by the learned counsel for the applicant that the material available with the case diary was not considered. The applicant is in jail since 08.05.2025 and he is ready to cooperate in the case/trial and, therefore, he may be enlarged on 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 vehemently opposes the prayer for grant of bail and submits that sufficient evidence has been found against the applicant, but they do not dispute that twice final report was submitted by the investigating officer. 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 twice final report was submitted by the investigating officer, this Court is of the view that it is a fit case for grant of bail. 7. Let the applicant- Chhotkau, 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. With the above direction, the bail application is allowed. Order Date :- 10.6.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench