Neutral Citation No. - 2025:AHC-LKO:10906 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8521 of 2024 Applicant :- Ram Sumer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Sheo Prakash Singh,Ripu Daman Shahi Counsel for Opposite Party :- G.A.,Dev Mani Mishra,Ms. Babali Mishra Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The third bail application has been filed on behalf of the applicant in Case Crime No.119 of 2022 under Sections 147, 148, 149, 323, 341, 307 I.P.C., Police Station Baghrai, District Pratapgarh with the prayer to enlarge him on bail. 3. Learned counsel for the applicant has submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 02.05.2022. He has further submitted that this is third bail application of the applicant. His first bail application was rejected on 17.02.2023 by this Court with the direction to the trial court to conclude trial expeditiously without giving any unnecessary adjournment to either of the parties. Despite the direction of this Court, out of 26 witnesses, deposition of not even a single witness has been concluded. On the earlier date, order was passed for asking the status report from the trial court and as per the report submitted by trial court, the case was lastly listed on 18.01.2025 for cross-examination of PW1 but he did not appear before the Court for the said purpose. He has further submitted that the applicant was also implicated in four other cases, out of four cases, final report has been submitted in two cases and in two cases, applicant is on bail. He further submitted charge sheet has already been filed and the applicant is ready to cooperate in the trial. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. and learned counsel for the complainant have opposed the prayer of the applicant for grant of bail and submitted that the role of firing has been assigned to the applicant but they do not dispute this fact that at the time of deciding the first bail application, direction was given to the trial court to conclude trial expeditiously. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, it is evident that at the time of deciding the first bail application, direction was given to the trial court to conclude trial expeditiously but till today deposition of not a single witness has been concluded. Thus, I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Ram Sumer - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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. (v) 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 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. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Trial court is directed to conclude trial, expeditiously without giving any unnecessary adjournment either of the parties 9. Superintendent of police, Pratapgarh as well as Joint Director, Prosecution, Pratapgarh is directed to ensure the presence of witnesses as well as other accused persons before the trial court for compliance of the direction of this Court. 10. Office is directed to communicate this order to the Superintendent of police, Pratapgarh as well as Joint Director, Prosecution, Pratapgarh for necessary compliance, forthwith. Order Date :- 19.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench