Neutral Citation No. - 2025:AHC-LKO:38142 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6128 of 2025 Applicant :- Arvindey Harijan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Brijesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rahul Kumar Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State. 2. Sri Rahul Kumar Singh has filed supplementary affidavit, same is taken on record. In the aforesaid supplementary affidavit, learned counsel for the applicant has explained the criminal history of the present applicant in para-3 thereof. 3. As per learned counsel for the applicant, the present applicant (Arvindey Harijan) is languishing in jail since 29.10.2024 in Case Crime No.0210 of 2024, under Sections 103(1), 109, 333, 3(5) of B.N.S., 2023, Police Station- Karaundi Kala, District- Sultanpur. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards the impugned FIR, wherein, the general allegation of assault and beating has been attributed to seven accused persons including the present applicant. No specific role has been attributed to the present applicant. Further attention has been drawn towards Annexure- 5, which is the statement of co-accused Sunita W/o Bindey Harijan another co-accused, wherein, she has stated that her husband Bindey Harijan has killed the mother of informant through Axe. Sri Rahul Kumar Singh, learned counsel has also drawn attention of this Court towards the statement of PW-1 which is on record, wherein, PW-1/complainant, has categorically indicated that his mother has been killed by Bindey Harijan, another co-accused, therefore, Sri Rahul Kumar Singh, has stated that neither any specific role has been attributed to the present applicant nor the complainant has alleged anything against the present applicant and only this much has been indicated by him that the present applicant was present on the spot. The wife of Bindey Harijan, co-accused has also stated that her husband has killed the mother of the informant. 5. Learned counsel for the applicant has further submitted that 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. 6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant, however, he has not dispute the submission 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 No specific role has been attributed to the present applicant, Annexure-5 which is the statement of co-accused Sunita W/o Bindey Harijan another co-accused, wherein, she has stated that her husband Bindey Harijan has killed the mother of informant through Axe, statement of PW- 1/complainant, who has categorically indicated that his mother has been killed by Bindey Harijan; 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. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Arvindey Harijan) 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 :- 7.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench