Neutral Citation No. - 2025:AHC-LKO:40653 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6278 of 2025 Applicant :- Sushil Kumar Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Ramakar Shukla, learned counsel for the applicant and Dr. Surendra Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant (Sushil Kumar Shukla) is languishing in jail since 18.09.2021 in F.I.R./Case Crime No.474/2021, under Sections 304 & 342 IPC, Police Station Gosaiganj, District Sultanpur. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. Attention of this Court has been drawn towards the FIR, wherein the allegation has been levelled against two accused persons including the applicant. The date of incident is 13.07.2021 but the FIR has been lodged on 28.07.2021 without explaining the reason of delay in lodging the FIR. Learned counsel for the applicant has drawn attention of this Court towards bail order dated 02.07.2025, whereby, co-accused Sunil Kumar Singh has been released on bail in Criminal Misc. Bail Application No.5857 of 2025. 4. Shri Shukla has drawn the attention of this Court towards the Annexure No.2 which is a letter dated 14.7.2021 whereby the information about the death of the victim has been given to the S.H.O. concerned. Thereafter the inquest prepared wherein the complainant is a witness, however, no allegation of any kind whatsoever has been levelled against the present applicant. As per the postmortem report the cause of death could not be ascertained, therefore the viscera was preserved. As per viscera report, one Ethyl Alcohol was found on the body of the deceased. Shri Shukla has also stated that at the time of conducting postmortem, the smell of Alcohol was found from the mouth of the deceased. 5. Shri Shukla has stated that the deceased might have consumed some spurious liquor, resultant thereof, he died but no allegation has been levelled against the present applicant. The present applicant is having no intention or motive to kill the victim (since deceased). The applicant is having no prior criminal history. Charge sheet in this case has been filed, therefore there is no possibility of tampering the evidence or influencing the witnesses. The applicant undertakes that he shall cooperate in the trial proceeding and shall not misuse the liberty of bail and he shall abide by all the terms and conditions imposed in the bail order. 6. Learned Additional Government Advocate has vehemently opposed the prayer for bail of the present applicant but could not dispute the aforesaid contentions of learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that there is no criminal history against the present applicant; the charge-sheet in this case has been filed; the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all the terms and conditions imposed in the bail order and shall cooperate in the trial proceedings properly and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Sushil Kumar Shukla) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (ii) 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 of the B.N.S., 2023. (iii) 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 of B.N.S.S., 2023 is issued and the 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/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. 10. Before parting with, it is expected that the trial shall be concluded with expedition in terms of Section 309 Cr.P.C./346 B.N.S.S. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly. Order Date :- 16.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench