Neutral Citation No. - 2025:AHC-LKO:15607 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10836 of 2022 Applicant :- Sunil Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla,Anil Kumar Awasthi,Ram Asarey Verma,Subodh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.436 of 2022, under Sections 323 and 307 IPC, registered at Police Station Kotwali Sadar, District Lakhimpur Kheri. 3. As per contents of First Information Report, the incident is said to have taken place on 15.04.2022 when the husband of informant was closing his shop for the night and the applicant suddenly attacked him inflicting serious injuries in his abdomen while also throwing chili powder in his eyes. 4. It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him. He has submitted that the FIR has been lodged 30 days after the date of alleged incident which clearly indicates deliberations. It is also submitted that the applicant even otherwise has been named only due to previous enmity between the parties since he is relative having inimical relation with the informant and her family. It is submitted that the applicant is in jail since 11.05.2022 and the status of trial as of now is that only five prosecution witnesses have been examined out of total ten prosecution witnesses and therefore there is no hope of early conclusion of trial. 5. Learned A.G.A. has opposed the bail application with the submission that not only the statement of informant but that of injured also clearly corroborates the allegation levelled in the FIR which also is corroborated by the injury report. He, however, does not deny that trial is still yet to conclude and the applicant has been incarcerated for more that two and a half years. 6. Considering the submissions advanced and upon perusal of material on record, particularly the report submitted by trial court regarding current status of trial, it is evident that the trial proceedings are only halfway through, the applicant has been incarcerated since 11.05.2022. The statements of witnesses of fact are already over and the aspect of delayed FIR and reasons therefor are also required to be considered by the trial court. 7. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant, Sunil Kashyap, involved in the aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (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 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. Order Date :- 17.3.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench