Neutral Citation No. - 2025:AHC-LKO:41940 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13761 of 2022 Applicant :- Rajeev Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Rajat Pratap Singh,Raghunath Prasad Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Raghunath Prasad, learned counsel for the applicant and Sri Surendra Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Rajeev) is languishing in jail since 06.05.2020 in Case Crime No.0286 of 2020 under Section 302, 201, 34 IPC, Police Station- Shahbad District- Hardoi. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards the impugned FIR, wherein the date of incident has been indicated as 02.05.2020 but the FIR has been lodged on 04.05.2020 without explaining the delay of two days. The impugned FIR was lodged without naming any accused person inasmuch as the informant was not clear as to what was the reason of the death of the victim. During course of investigation, on the basis of culpability of the present applicant though based on suspicion, he was arrested and his extra judicial confession under the police custody has been recorded, which is having no evidentiary value in the eyes of law. The cause of death is ante-mortem head injury as there was one contusion of 5cm x 4cm on back of head at occiput. There is no eye witness account. There is no last seen evidence. No incriminating material or evidence has been collected during the investigation, suggesting the culpability of the present applicant but he has been implicated. He is languishing in jail for last 5 years and 3 months. All fact/relevant witnesses have been examined. One fact witness has died during trial proceeding. Only formal and expert witnesses are to be examined, therefore, if the present applicant is released on bail considering his long incarceration in the jail i.e. about 5 years & 3 months and the fact that all fact/relevant witnesses have been examined, he shall cooperate in the investigation and shall not misuse the liberty of bail. 4. Learned counsel for the applicant has also submitted that the present applicant is having no criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order. 5. Learned Additional Government Advocate has opposed the aforesaid bail but did not dispute the aforesaid facts.. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the facts that there is no eye witness account, there is no last seen evidence, no incriminating material or evidence has been collected during the investigation, all fact/relevant witnesses have been examined, one fact witness has died during trial proceeding, applicant is languishing in jail for last 5 years and 3 months, he is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the investigation properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Rajeev) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 applicants shall not leave the country without prior permission of the Court. Order Date :- 22.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench