Neutral Citation No. - 2025:AHC-LKO:4169 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11141 of 2024 Applicant :- Badkau @ Ghanshyam Pandey Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Office has reported that in pursuance of order dated 23.02.2024 passed by Hon'ble The Chief Justice, this case has been nominated to this Court. 2. Written instruction dated 26.09.2024 duly signed by Shri Nitin Upaddhyay, S.I., PS.-Payagpur, District- Bahraich, placed by learned AGA is taken on record. 3. On the basis of aforesaid instruction, learned AGA informed that the notice has already been served on the complainant on 22.09.2024. But no one has put in appearance on his behalf. Therefore, the matter is being proceeded for final hearing. 4. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 5. The present bail application has been filed on behalf of the applicant in Case Crime No.418 of 2019 under Sections 363, 366, 376, 370(A), 120-B, 323, 427 I.P.C. and Section 3/4 of POCSO Act, Police Station Payagpur, District Bahraich, with the prayer to enlarge him on bail. 6. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 29.01.2020. He further submitted that this is third bail application of the applicant. His first bail application was rejected on merits vide order dated 10.03.2021 passed in Bail No.2882 of 2020 and his second bail application was dismissed for non-prosecution vide order dated 13.07.2023 passed in Criminal Misc. Bail Application No.5328 of 2021. He also submitted that as per the earlier order, report has already been submitted by trial court on 16.12.2024, which is available on record. The report reveals that the case is being listed before the trial court for framing of charge and five years have already been passed but charge has not been framed. He further submitted that applicant is a law abiding person and he is having no criminal antecedent. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. opposed the prayer of the applicant for grant of bail but he did not dispute this fact that the applicant is in jail since 29.01.2020 but till today charge has not been framed. 8. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., written instructions, other relevant documents as well as totality of fact and circumstances, as per the report of Shri Vivekanand Sharan Tripathi, Special Judge, NIA Act/Additional Sessions Judge-III, Lucknow dated 16.12.2024, proceeding is still going on before the trial court for framing of charge. As it is undisputed that more than five years have already been passed but the charge has not been framed. Therefore, I am of the view that the applicant is entitled to be released on bail. 9. Let applicant - Badkau @ Ghanshyam Pandey - be released on bail in aforesaid Case Crime, 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 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Trial court is directed to conclude trial, expeditiously without giving any unnecessary adjustment to either of the parties. Order Date :- 22.1.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench