Neutral Citation No. - 2025:AHC-LKO:36836 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6093 of 2025 Applicant :- Shiv Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaushal Kishore Tewari,Shakti Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant, Sri Ranvijay Singh, learned Additional Government Advocate for the State and Sri Vakar Khan, learned counsel, who has filed Vakalatnama today on behalf of complainant, same is taken on record. 2. As per learned counsel for the applicant, the present applicant (Shiv Prakash) is languishing in jail since 17.05.2025 in Case Crime No.0144 of 2025, under Section 105 B.N.S., 2023, Police Station- Fardhan, District- Lakhimpur Kheri. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Learned counsel for the applicant has stated that though the applicant is named in the impugned FIR but when the main accused Deepak Dixit S/o Rakesh Kumar Dixit and his brother- in-law (Sala) Anikesh have been arrested, the confessional statement of co-accused Deepak Dixit was recorded which has been enclosed as Annexure-5. Perusal of Annexure No.5 which is confessional statement, clearly reveals that on the spur of movement, on account of sudden provocation the incident in question took place, the deceased is real uncle (Taau) of co- accused Deepak Dixit. His uncle/deceased had started abusing the labourers, who were doing agricultural work in the plot of Deepak Dixit and when co-accused Deepak Dixit intervened, deceased started abusing the co-accused Deepak Dixit and his brother-in-law Anikesh, co-accused who was with him. When co-accused Anikesh asked the deceased not to utter the abusive language, the deceased attacked on co-accused Deepak Dixit and Anikesh through Bamboo Cane and in a private defence the co-accused Deepak Dixit and Anikesh also started beating the deceased, co-accused Deepak Dixit was having iron rod whereas co-accused Anikesh was having Bamboo Cane. Both the side received injury, but the deceased received serious injuries and as per anti mortem report, he received twelve anti mortem injuries, resultant thereof, he succumbed to their injuries during treatment. Learned counsel has stated that the same statement has been recorded by co-accused Anikesh and in both confessional statements the name of present applicant has not been indicated. 4. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 5. Per contra, Sri Ranvijay Singh, learned Additional Government Advocate has stated that though in the confessional statement no allegation has been levelled against the present applicant but as per the statement of eye witness the present applicant was also present on the spot and has also beaten the deceased. Sri Singh has however submitted that the present applicant is having no prior criminal history of any kind whatsoever and chargesheet has been filed. 6. Having heard learned counsel for the parties and having perused the material available on record; perusal of Annexure No.5 which is confessional statement, clearly reveals that on the spur of movement, on account of sudden provocation the incident in question took place, considering the fact that both the side received injury, but the deceased received serious injuries and as per anti mortem report, he received twelve anti mortem injuries, resultant thereof, he succumbed to their injuries during treatment, same statement has been recorded by co-accused Anikesh and in both confessional statements the name of present applicant has not been indicated, the present applicant is having no prior criminal history of any kind whatsoever; and 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 he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Shiv Prakash) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 applicants shall not leave the country without prior permission of the Court. Order Date :- 1.7.2025/Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench