Neutral Citation No. - 2025:AHC-LKO:38261 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6254 of 2025 Applicant :- Subhash Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ashok Kumar Singh,Rahul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Rahul Kumar Singh, learned counsel for the applicant and Sri Surendra Singh, learned AGA for the State. The present applicant is in jail since 22.05.2025, in case crime no. 167 of 2025, under Sections 191(2), 115(2), 333, 351(2), 352, 324(2), 105, 3(5) of BNS at Police Station Sarojni Nagar District Lucknow. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein, the specific allegation of beating and assault has been attributed to 4 named accused persons and 3 to 4 unknown persons. The present applicant is not named in the First Information Report. While recording statement under section 180 BNS, the complainant has not levelled any allegation against the present applicant. However, while recording his supplementary statement (majeed bayan), the complicity of the present applicant has been indicated without having any cogent material evidence to that effect. The complainant could not explain the reason as to why he had not alleged against the present applicant in the First Information Report and in his first statement written under Section 180 BNS. The present applicant has no prior criminal history. Learned counsel for the applicant has further stated that the investigation is going on and if the present applicant is released on bail, he shall cooperate in the investigation and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 22.05.2025; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Subhash, 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) As soon as the applicant is released from jail, he shall cooperate in the investigation failing which the bail cancellation application may be filed. (ii) 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. (iii) 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 of the Indian Penal Code. (vi) 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. is issued and the applicants fail 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 of the Indian Penal Code. (v) 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. 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. (vi) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. 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 properly. Order Date :- 7.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench