Neutral Citation No. - 2025:AHC-LKO:35139 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5224 of 2025 Applicant :- Rajan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Karunesh Singh, Advocate and Sri Avnesh Kumar Singh, Advocate on behalf of the complainant is taken on record. 2. 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. 3. The present second bail application has been filed on behalf of the applicant in Case Crime No.852 of 2022, under Sections 302, 323, 504, 34, 325 I.P.C., Police Station - Kotwali Sahar, District - Hardoi, with the prayer to enlarge him on bail. 4. 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 4.11.2022. He further submits that first bail application of the applicant was rejected on 4.4.2024 with the direction to the trial court to conclude the trial expeditiously within a period of one year but till today, trial has not been concluded. He also submits that applicant does not have any criminal antecedent and all witnesses of fact have already been examined. He next submitted that in the statement of the witnesses, role of firing is assigned to Saurabh and there is no possibility of tampering of any evidence. 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 counsel for the complainant as well as learned A.G.A. have opposes the prayer for grant of bail and submits that trial will be concluded very soon as most of the witnesses have already been examined. 6. Considering the rival submissions of learned counsel for applicant, learned A.G.A., learned counsel for the complainant, material available on record, contents of F.I.R., other relevant documents, nature of offence as well as facts and circumstances of the case, as the role of firing is not assigned to the applicant, therefore, I am of the view that the applicant is entitled to be released on bail. 7. Let applicant - Rajan 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. (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 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench