Neutral Citation No. - 2025:AHC-LKO:40682 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9931 of 2024 Applicant :- Golu @ Jane Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anand Prakash Pandey,Abhinav Srivastava,Dr.Surya Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Abhinav Srivastava, learned counsel for the applicant, Shri Ran Vijay Singh, learned A.G.A. for the State. 2. It has been contended by learned counsel for the applicant that the present applicant is languishing in jail since 15.02.2024 in Case Crime No.31 of 2024 under Sections 302/34 of IPC, Police Station Kotwali Tanda, District Ambedkar Nagar. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned F.I.R., wherein the allegation has been levelled against three accused persons, namely, Sadan, Golu (present applicant) and Gufran. 4. Learned counsel has further submitted that in the FIR, general allegation of assault in beating has been attributed to all accused persons but specific role of stabbing has been attributed to co-accused - Gufran. The role attributed to the present applicant and co-accused - Sadan is of catching/ holding. The knife has been recovered on the pointing out of the co-accused - Gufran. 5. Learned counsel has also submitted that the present applicant is a young person of 19 years pursuing his studies but on account of being in jail since 15.02.2024, he is unable to pursue his studies. After releasing from jail, he may pursue his studies. The present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed, therefore, if the present applicant is released on bail, there is no likelihood to influence the evidence or tamper the evidence. He undertakes on behalf of the present applicant that he shall not misuse the liberty of bail and shall cooperate with the trial proceedings properly and shall abide by all terms and conditions of bail, if so granted. 6. Learned A.G.A. has vehemently opposed the prayer for bail of the present applicant but he could not dispute the aforesaid submissions of learned counsel for the applicant. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the FIR, general allegation of assault in beating has been attributed to all accused persons but specific role of stabbing has been attributed to co- accused - Gufran; the knife has been recovered on the pointing out of the co-accused - Gufran; the present applicant is in jail since 15.02.2024, therefore, he is unable to pursue his studies; chargesheet has been filed; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings properly, I am of the view that the applicant may be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant- Golu @ Jane Alam, involved in 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 IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 16.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench