Neutral Citation No. - 2025:AHC-LKO:35202 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5227 of 2025 Applicant :- Sudheer Kashyap @ Mama Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Aman Kumar Shrivastav 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.0161 of 2025, under Sections 310(2), 311 and 317(3) B.N.S., Police Station- Phardhan, District- Lakhimpur Kheri. 3. 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 the applicant was taken into custody on 30.11.2024 and he was implicated in 12 cases. The applicant was enlarged on bail in the month of March, 2025 and thereafter he was implicated in the present case. A false recovery has been shown from possession of the applicant and identification parade has not been conducted. The applicant is in jail since 08.05.2025. He is ready to cooperate in the investigation. In these circumstances, the applicant may be enlarged on bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that identification parade has not been conducted. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, I find it to be a fit case for grant of bail. 6. Let the applicant- Sudheer Kashyap, 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. 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