Neutral Citation No. - 2025:AHC-LKO:6564 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10046 of 2024 Applicant :- Raj Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suraj Singh Visen,Aman Kumar Shrivastav,Ayush Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Ayush Pratap Singh, learned counsel for the applicant and Ms. Sudha Sharma, learned AGA for the State. The present applicant is in jail since 07.03.2024, in case crime no. 61 of 2024, under Sections 302, 120-B of IPC at Police Station Chhapia Nagar District Gonda. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards impugned FIR, wherein, the allegation has been levelled against two accused person, one is Ajay Verma and the second is the present applicant. In the FIR no specific allegation has been levelled against any accused person to the effect as to who has fired upon the victim (since deceased). However, during the investigation the fact emerged that the accused Ajay Verma had fired upon the victim (since deceased), thereafter, he absconded. The accused Ajay Verma was arrested after encounter with the Police team. After the arrest of the main accused Ajay Verma, his statement was recorded, which has been annexed as annexure no. 7. In his confessional statement, he has confessed his guilt that he had fired upon the victim (since deceased) through country made pistol and such country made pistol recovered on the pointing out of the accused Ajay Singh. As per the statement of the witnesses, the present applicant was also present with the main accused. The learned counsel has stated that though he was not present on the spot but if the prosecution story is considered on its face value, then the role of the present applicant is limited to the extent that he was present with the main accused who fired upon the victim (since deceased), so he may be enlarged on bail. Learned counsel has stated that there is one more criminal history in a minor section but no notice of Section 41-A has been received to the applicant. The chargesheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 07.03.2024; the country made pistol has been recovered from the pointing out of the main accused, Ajay Verma further he has confessed his guilt; as per the allegation he was only present with the main accused; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Raj Singh, be released on bail in the aforesaid case crime number 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:- (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 applicants fail 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 :- 30.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench