Neutral Citation No. - 2025:AHC-LKO:35751 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5316 of 2025 Applicant :- Mahroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Arun Sinha,Ram Chandra Singh,Siddhartha Sinha,Yugal Kishor Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Sri Ashutosh Pratap Singh, Advocate has filed his Vakalatnama today in Court on behalf of opposite party No.2. The same is taken on record. 2. Heard learned counsel for the applicant as well as learned counsel for the opposite party No.2 and learned A.G.A for the State of U.P. 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. 306/2018, under Sections 147, 148, 149 and 302 I.P.C., Police Station Antu, District Pratapgarh. 4. Learned counsel for the applicant submitted that the applicant was named in the F.I.R. After detailed investigation, on the basis of evidence collected by the Investigating Officer, name of the applicant and other named accused persons were dropped and charge-sheet was submitted against Ashraf, Imran and Kalam and supplementary charge-sheet was filed against Sibbu and Irfan. Thereafter trial was proceeded and after framing of the charge the evidence was called by the learned trial court. After recording the statements of five witnesses, application under Section 319 Cr.P.C. was moved and the applicant was summoned under Section 319 Cr.P.C. 5. Learned counsel for the applicant further submitted that the applicant never misused the liberty granted by the Investigating Officer during the course of investigation. He is ready to cooperate in the investigation of case in question. The applicant is in jail since 29.04.2025 and he does not have any criminal antecedent, therefore, he may be enlarged on bail. 6. Learned counsel for the opposite party No. 2 and learned A.G.A. vehemently oppose the prayer for grant of bail to the applicant, but they do not dispute the fact that after investigation name of applicant was dropped and he has been summoned by the learned trial court under Section 319 Cr.P.C. 7. Considering the submissions of learned counsel for the parties and going through the record, it is evident that the applicant was named in the F.I.R. but in the investigation no evidence was found against him, as a result his name was dropped and charge-sheet was submitted against five other persons. During the course of trial, under Section 319 Cr.P.C. the applicant was summoned, therefore, it is a fit case for bail. 8. The Bail application is allowed. 9. Let applicant - Mahroj 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 B.N.S.S., 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 B.N.S.S. 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 18.6.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench