Neutral Citation No. - 2025:AHC-LKO:23353 Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12619 of 2023 Applicant :- Yashpal Alias Ahsan Jamal Alias Parvez Opposite Party :- State Of U.P. Thru. Addl. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Neetu Shukla,Amrish Kumar Tiwari,Ashish Mishra,Mohd. Imran Khan,Rakesh Devi Prasad Kumar,Shobhit Pandey Counsel for Opposite Party :- G.A.,Ram Kumar Verma,Vineet Kumar Singh Bisen Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This is second bail application filed by the applicant in F.I.R. No. 630 of 2021, under Sections 420, 467, 468, 471 IPC, Police Station Sarojini Nagar, District Lucknow with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submits that the applicant, who is aged about 75 years, has falsely been implicated in the present case. It is further submitted that while rejecting the 1st Bail Application No. 3562 of 2023 vide order dated 04.04.2023, this Court directed the trial court to conclude the trial expeditiously, without granting any unnecessary adjournment to either of the parties, but till today, only witness has been examined, out of total 12 witnesses. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since 16.11.2022. In such circumstances, applicant 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. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that the applicant executed a sale deed as an imposter, claiming himself as Yashpal. It is also submitted that after collecting sufficient evidences, the charge sheet has been filed against him. However, learned A.G.A. does not dispute the fact that the applicant is in jail since 16.11.2022. 5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., bail application, order dated 04.04.2023 passed in 1st Bail Application No. 3562 of 2023 as well as other relevant documents, it is evident that this Court, at the time of rejecting the 1st bail application, directed the trial court to conclude the trial expeditiously without granting any unnecessary adjournment to either of the parties, but till today, only one witness has been examined. 6. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail. 7. Application stands allowed. 8. Let applicant -Yashpal Alias Ahsan Jamal Alias Parvez be released on bail in F.I.R. No. 630 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 office 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 (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 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. 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 :- 23.4.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench