Neutral Citation No. - 2025:AHC-LKO:6644 Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9323 of 2024 Applicant :- Qayyum Ali @ Gopalu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J. 1. Heard Shri Amar Singh, learned counsel for the applicant, Shri Rakesh Singh learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.174 of 2020, under Section 302 I.P.C. Police Station Tarabganj, District Gonda. 3. This is the second bail application. The first bail application was rejected on 28.07.2023 by this Court. It is stated that after rejection of first bail application dated 28.07.2023, the trial Court has examined PW1, the complainant in cross examination. 4. It has been submitted by learned counsel for the applicant that PW1 in his cross examination has stated that he was not present at the place of occurrence. He was informed by cousin brothers that deceased succumb to the injuries. He got information on phone made by Lal Mohd and stated that at the time of call, his mother and other relatives were also present in the house. He further stated that deceased was his real brother. 5. It has been submitted by learned counsel for the applicant that FIR clearly indicates that he has mentioned that he is the eye witness and has seen the occurrence but he has demolished the entire FIR version as such it cannot be inferred at this stage that the applicant was involved in the commission of crime. The applicant has no criminal history and is in jail since 07.07.2020 and more than 4 1/2 years have passed in jail. 6. Learned AGA opposed the prayer for bail but could not dispute that PW1 is the real brother of the deceased, who claims to be the witness of the incident in the FIR and has not supported the prosecution case during cross examination before the trial Court. 7. Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and considering the argument that PW1, the real brother of the complainant who claimed to be an eye witness in the FIR has not supported the prosecution case in his cross examination before the trial Court as such the applicant is entitled to be released on bail. 8. Let the applicant Qayyum Ali @ Gopalu be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 sufÏcient 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 sufÏcient 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. 9. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 30.1.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench