Neutral Citation No. - 2025:AHC-LKO:14558 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11505 of 2024 Applicant :- Aldeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Atul Verma,Harish Kumar Counsel for Opposite Party :- G.A.,Ajeet Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Arvind Kumar Verma, Advocate holding brief of Sri Atul Verma, learned counsel for the applicant, Ms. Sudha Sharma, learned A.G.A. for the State and Sri Ajeet Kumar Singh, learned counsel for the informant. 3. As per learned counsel for the applicant, the present applicant is languishing in jail since 05.07.2024 in Case Crime No.261 of 2024, under Sections 147, 148, 149, 302, 354, 323, 504, 506 IPC and Section 3(2)(v), 3(2)(va), 3(1)(dha) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 7/8 of POCSO Act, Police Station- Bilgram District- Hardoi. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. On account of prosecution story so narrated in the FIR, the alleged incident occurred on 13.05.2024 at about 7.00 pm. The general allegations of assault and beating have been attributed against seven named accused persons and four unknown accused persons. No specific role has been attributed to the present applicant. As per the post-mortem report, the deceased sustained eight injuries and out of those injuries, three injuries are on the vital parts of the deceased. The cause of death of the deceased could not be ascertained, therefore, viscera was preserved. The chargesheet has already been filed. The applicant has explained the criminal history of two minor cases in para-3 of the supplementary affidavit (Annexure-2). Two co- accused persons, namely, Shravan Kumar @ Shravan and Durgesh have been granted bail by this Court vide orders dated 06.02.2025 and 20.02.2025 passed in Criminal Misc. Bail Applications No.10464/2024 and 10718/2024. The allegation of Section 354 I.P.C. was levelled against the co-accused Shravan Kumar @ Shravan, but no such allegation has been levelled against the present applicant. So far as the other allegations are concerned, the allegations are general in nature. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. On the other hand, learned Additional Government Advocate and learned counsel for the informant have vehemently opposed the prayer for bail of the present applicant, however, they submitted that this is a pairity case. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific role has been attributed to the present applicant; as per the post-mortem report, the deceased sustained eight injuries and out of those injuries, three injuries are on the vital parts of the deceased; the cause of death of the deceased could not be ascertained, therefore, viscera was preserved; the chargesheet has already been filed; the applicant has explained the criminal history of two minor cases in para-3 of the supplementary affidavit (Annexure-2). Two co-accused persons, namely, Shravan Kumar @ Shravan and Durgesh have been granted bail by this Court vide orders dated 06.02.2025 and 20.02.2025 passed in Criminal Misc. Bail Applications No.10464/2024 and 10718/2024. The allegation of Section 354 I.P.C. was levelled against the co-accused Shravan Kumar @ Shravan, but no such allegation has been levelled against the present applicant; 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 trial proceedings 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 (Aldeep), involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he 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 of the Indian Penal Code. (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.may be issued and if 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 of the Indian Penal Code. (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. 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. (v) The applicant shall not leave the country without permission of the Court concerned. Order Date :- 10.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench