Neutral Citation No. - 2025:AHC-LKO:10226 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10752 of 2024 Applicant :- Sushilsaran Das Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Dharmendra Kumar,Pramod Kumar Tiwari,Rakesh Kumar,Smt. Usha Tiwari,Surendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. This application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 523 of 2019, u/s 471, 467, 478, 420, 419 I.P.C., Police Station- Kotwali, Ayodhya. 4. Learned counsel for the applicant submits that this is third bail application. She further submits that first bail application was rejected on 11.08.2021 with direction to learned trial Court to conclude the trial of the case in question expeditiously preferably within a period of one year, but the trial was not concluded. Further, second bail application was also filed, which was rejected on 05.05.2023 with direction to conclude the trial within a period of one year, but still the charge has not been framed. She next submits that the applicant was implicated in several cases and several criminal antecedents are explained in para 20. In most of the cases, the applicant was implicated due to some temple disputed. She also submits that the appellant is in jail since 20.02.2020, but till today, the charge has not been framed, hence, the applicant is entitled for bail. 5. Learned A.G.A. vehemently opposes the prayer for bail. However, he does not dispute regarding the order-sheet which is annexed with supplementary affidavit and which reveals that the charge has not been framed till today. He submits that upto 16.01.2025, the charge was not framed. 6. Considering the rival submissions of learned counsel for the parties and going through the contents of the bail application as well as other relevant documents, it is evident that the applicant is in jail since 20.02.2020, but the charge has not been framed till today. Thus, the applicant is entitled to be released on bail. 7. Let the applicant- Sushilsaran Das who is involved in aforementioned 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 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Subject to above, this bail application is allowed. Order Date :- 17.2.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench