Neutral Citation No. - 2025:AHC-LKO:37320 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5619 of 2025 Applicant :- Abu Ubaida Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.,Shankar Lal Pandey Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Anil Kumar Pandey, learned cousnel for the applicant and Shri Arun Verma learned AGA for the State. 2. Shri Paney has filed supplementary affidavit and the same is taken on record. 3. Shri Anil Kumar Pandey has shown a copy of the information about the mentioning of the case being given to learned cousnel for the informant which has been received by him on 2.7.2025 i.e. today but has also given the slip of being out of station. 4. Shri Pandey has stated that cousnel for the informant is very much present in the Court campus today itself, so he may not give out of station slip. Copy of such information is taken on record. 5. This is really sorry affairs that if any cousnel is present and receives any notice from another counsel and gives out of station slip so as to get the case adjourned. 6. As per learned counsel for the applicant, the present applicant (Abu Ubaida) is languishing in jail since 24.05.2025 in F.I.R./Case Crime No.512 of 2025, under Sections 105/281 B.N.S., Police Station-Kotwali Nagar, District -Barabanki. 7. 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. The applicant is an young boy of 18 years studying in Class-XII. 8. Perusal of the FIR would reveal that immediately after the alleged accident resultant thereof one person died, the driver of the vehicle was taken into custody by the local persons on 22.5.2025 itself and his custody has been handed over to the police but the police did not arrest him for the reason best known to the police personnel concerned. 9. The present applicant has been arrested on 24.5.2025. His arrest memo has been enclosed as Annexure No.2 on page no. 25 of the bail application. The present applicant was not driving the car, in as much as, the person who was driving the car was not made accused in the FIR. The applicant is having no prior criminal history whatsoever. Charge sheet has been filed, therefore there is no possibility of tampering the evidence or influencing the witnesses. The applicant undertakes that he shall abide by all the terms and conditions and shall not misuse the liberty of bail. 10. 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. 11. 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 terms and conditions of 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. 12. Accordingly, the instant bail application is allowed. 13. Let the applicant (Abu Ubaida) 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. 14. 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 :- 2.7.2025 Muk Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench