Neutral Citation No. - 2025:AHC-LKO:35399 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5327 of 2025 Applicant :- Chand Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Armendra Pratap Singh,Adarsh Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.632 of 2020 under Sections 452/307/323/504/506 I.P.C., Police Station Kotwali Sadar, District Lakhimpur Kheri, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 27.04.2025. He further submitted that as per the prosecution story, role of causing injury from knife has been assigned to the applicant but no knife has been recovered. He further submitted that applicant is having no criminal antecedent and charge sheet has already been filed and there is no possibility of tampering of evidence. He also submits that co-accused Lal Mohammad has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.13940 of 2022. He further submitted that applicant also undertakes that he will involve in any other criminal activity. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer of the applicant for grant of bail and submitted as per the prosecution case, role of causing injury from knife has been assigned to the applicant, therefore, he is not entitled for bail but he does not dispute this fact that no knife has been recovered. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, it is undisputed fact that no knife has been recovered and the applicant is in jail since 27.04.2025, therefore, I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Chand 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Trial court is directed to conclude trial, expeditiously without giving unnecessary adjournment to either of the parties. Order Date :- 12.6.2025 Reena/- (Rajeev Singh,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench