Neutral Citation No. - 2025:AHC-LKO:3345 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10695 of 2024 Applicant :- Vipin Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Deepak Verma,Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary afÏdavit filed by the learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. It is evident from the record that the notice has already been served on the complainant, but none has put in appearance on his behalf and, therefore, the matter is being decided with the assistance of learned counsel for the applicant and learned A.G.A. 3. This is second bail application filed by the applicant in F.I.R. No. 282 of 2021, under Sections 419, 420, 467, 468, 471, 506 IPC, Police Station Sandila, District Hardoi with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that this Court, while rejecting the 1st bail application vide order dated 09.02.2023, directed the trial court to conclude the trial expeditiously without granting any unnecessary adjournment to either of the parties. However, though the charge was framed on 06.10.2024, but till today, only 5 witnesses have been examined out of total 24 witnesses and there is no possibility of conclusion of trial in near future. It is next submitted that earlier the applicant was also implicated in one other case, in which, final report has been submitted by the Investigating OfÏcer. It is, thus, submitted that the applicant, who is in jail since 26.04.2022, is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial. 5. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that the involvement of the applicant was found in the incident and thereafter, charge sheet was submitted. However, he does not dispute the fact that at the time of rejecting the 1st bail application, this Court vide order dated 09.02.2023 directed the trial court to conclude the trial expeditiously, but till today only 5 witnesses have been examined, out of total 24 witnesses. 6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., contents of the application, report of the trial court as well as other relevant documents, including the rejection order of the 1st bail application dated 09.02.2023, it is evident that out of total 24 witnesses, only 5 witnesses have been examined till today. It is also evident that the applicant is in jail since 26.04.2022. In such circumstances, I am of the view that the applicant is entitled to be released on bail. 7. Application stands allowed. 8. Let applicant -Vipin Kumar Mishra be released on bail in F.I.R. No. 282 of 2021, 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 an 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 ofÏce 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 sufÏcient 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 (a) opening of the case, (b) framing of charge; and (c) 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. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. 10. However, the trial court is directed to conclude the trial expeditiously. Order Date :- 20.1.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench