Neutral Citation No. - 2025:AHC-LKO:84 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9768 of 2024 Applicant :- Manohar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A.,Rama Kant Dixit,Vineet Tiwari Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.152 of 2024 under Sections 307, 324, 504, 506 I.P.C., Police Station Bishesharganj District Bahraich, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case. He further submitted that the applicant is in jail since 19.06.2024 but till today, charge has not been framed by the trial court. As per the prosecution case, a chhappar (ceiling) was being constructed by the applicant, for which, bamboo was also cut but certain objections were raised from the side of informant then the alleged incident was taken place due to sudden provocation from the side of informant and there was no intention to cause any injury. He further submitted that applicant is having no criminal antecedent and he 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. as well as learned counsel for the informant opposed the prayer of the applicant for grant of bail and submitted that prosecution story totally corroborates with the injuries found on the body of the injured but they do not dispute this fact that the alleged incident was taken place during the time when the chhappar was being constructed after cutting the Bamboo. 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 admitted case of the prosecution that the incident had taken place when the bamboo was being cut by the applicant, on which, objection was raised from the side of informant. It is also evident that the applicant is in jail since 19.06.2024 but till today, charge has not been framed. Therefore, I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Manohar - 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. Order Date :- 2.1.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench