Neutral Citation No. - 2025:AHC-LKO:44265 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6995 of 2025 Applicant :- Autar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. On a query being put, learned A.G.A. submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the matter on merits. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been filed on behalf of the applicant seeking bail in Case No.35/2009, Case Crime No.0085/2001, under Section 302 I.P.C., at Police Station-Tikuniya, District-Lakhimpur Kheri. 4. Considered the facts as indicated on the basis of material available on record, which are to the effect that applicant was enlarged on bail vide order dated 15.04.2002, passed by the Additional Sessions Judge, Court No.6, Lakhimpur Kheri in First Bail Application No.787 of 2002 (Dharmendra Singh @ Bindu and Mangat Singh Vs. State) and Second Bail Application No.843 of 2002 (Autar Singh Vs. State) and thereafter charges were framed on 8th April, 2009. However, on account of the non appearance of the applicant non bailable warrant was issued in the year 2019 and thereafter proceedings in terms of Section 82 Cr.P.C. were also issued. The applicant appeared before the trial court on 16.05.2025 and since then he is in jail. 5. This court also considered the fact that for about 10 years, on account of absence of the applicant, the trial could not proceeded. This Court also took note of the fact that the statement of the concerned doctor has already been recorded as PW-4. 6. Learned counsel for the applicant submits that applicant has no criminal history. In case of being enlarged on bail, he will not misuse the liberty of bail and shall remain present on each date fixed personally and would cooperate in conclusion of trial and would also not influence the prosecution witnesses. 7. Learned A.G.A. opposed the prayer for bail of the applicant. 8. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also that the applicant is having no criminal history and without going into the merits of the case, this Court is of the view that the applicant is entitled for bail. Accordingly, the bail application is allowed. 9. Let the applicant - Autar Singh be released on bail in the aforesaid case crime number on his furnishing personal bond and one surety of family member and the undertaking of the applicant that he would appear on each and every date fixed before the trial court, failing which it is open for the trial court to proceed against the applicant, subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 10. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 11. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 31.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench