Neutral Citation No. - 2025:AHC-LKO:40442 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6418 of 2025 Applicant :- Munnu Opposite Party :- State Of U.P. Thru Principal Sec. Home Counsel for Applicant :- Angrej Nath Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. This bail application has been filed through E-Mode and learned counsel for the applicant has provided photocopy of the hard copy of the bail application, which is taken on record. 2. Heard Shri Angrej Nath Shukla, learned counsel for the applicant and Shri Arun Verma, learned AGA for the State. 3. The present applicant is in jail since 01.04.2020 in Case Crime no.34 of 2020, under Sections 147, 148, 302, 34 IPC at Police Station Sushant Golf City, District Lucknow. 4. At the very outset learned counsel for the applicant has stated that co-accused Ishwari Devi, Dhaniram, Dataram alias Anuj Yadav and Juvenile 'X' had been granted bail bearing Criminal Misc. Bail Application Nos. 424 of 2022, 610 of 2023, 6025 of 2023 and Criminal Revision No. 398 of 2023 vide order dated 26.04.2022, 12.12.2024, 12.12.2024, 10.04.2025, respectively, copies of such orders is annexed as Annexure Nos.8, 10 and 11, respectively. While granting bail to co- accused Dhaniram this Court considered the relevant fact that all fact/ relevant witnesses have been examined. Learned counsel for the applicant further submits that the applicant has no prior criminal history, however, on the basis of present case gangster act has been imposed. 5. Learned counsel for the applicant has thus submitted that considering the total period of incarceration in jail being about 5 years and 3 months, all fact and relevant witnesses have been examined and that other co-accused, namely, Ishwari Devi, Dhaniram, Dataram alias Anuj Yadav and Juvenile 'X' have been granted bail by this Court, the applicant may also be enlarged on bail. The applicant also undertakes that if he is enlarged on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order. 6. Learned AGA has, however, opposed the prayer for bail but could not dispute the submissions made by learned counsel for the applicant. 7. 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 01.04.2020 which is about five years and three months; co-accused namely, Ishwari Devi, Dhaniram, Dataram alias Anuj Yadav and Juvenile 'X' have already been enlarged on bail; 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. 8. Accordingly, the bail application is allowed. 9. Let applicant- Munnu 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 of the Indian Penal Code. (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. may be issued and if 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 of the Indian Penal Code. (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. 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. (v) The applicant shall not leave the country without previous permission of the Court. . (Rajesh Singh Chauhan, J.) Order Date :- 15.7.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench