Neutral Citation No. - 2025:AHC-LKO:37047 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8488 of 2024 Applicant :- Shashank Trivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Atul Verma,Arvind Kumar Verma Counsel for Opposite Party :- G.A.,Sunil Dixit Hon'ble Rajesh Singh Chauhan,J. Heard Sri Atul Verma, learned counsel for the applicant and learned AGA for the State and Sri Sunil Dixit, learned counsel for the informant. The present applicant is in jail since 08.04.2024, in case crime no. 121 of 2024, under Sections 323, 504, 506 and 302 of IPC at Police Station Sareni District Raebareli. 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 allegation of assault and beating has been attributed to all four accused persons. The present applicant has been attributed the specific role of catching and hold. The applicant is a young student of 18 years and is having no prior criminal history of any kind whatsoever, even the role of catching hold is highly improbable inasmuch as the deceased sustained injuries on his both hands on upper elbow area and if the present applicant had caught the victim since deceased, such injury would have not been caused by him. The present applicant is having no motive or intention of any kind whatsoever against the deceased or his family. Charge-sheet has been filed and the learned counsel has further submitted that if the applicant is released on bail, he shall 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, the applicant may be enlarged on bail. Learned AGA as well as Sri Dixit have vehemently opposed the bail application by submitting that on the joint pointing out of all the accused persons two wooden sticks have been recovered. However, this fact has not been disputed that the present applicant is having no prior criminal history and is a young person of 18 years. 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 08.04.2024 couple with the fact that the present applicant is having no prior criminal history and is a young person of 18 years; 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- Shashank Trivedi, 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. 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. (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) 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 :- 1.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench