Neutral Citation No. - 2025:AHC-LKO:13164 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12356 of 2024 Applicant :- Lal Mohommad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Home Lko Counsel for Applicant :- Shashank Tilhari,Anurudh Kumar Singh,Kushagra Sinha Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. 2. Heard. 3. The instant bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 113 of 2024, u/s 286, 304 I.P.C. and 9-B of Explosive Act, Police Station- Maharajganj, District- Raebareli. 4. Learned counsel for the applicant submits that this is second bail application and first bail application of the applicant was rejected on 21.06.2024, but not even a single witness has been examined till today. He further submits that the applicant, who does not have any criminal antecedent, is in jail since 18.03.2024 and as there is no possibility of conclusion of the trial in near future, the applicant may be enlarged on bail. 5. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that the applicant is in jail since 18.03.2024. 6. Considering the submissions of learned counsel for the parties and going through the contents of the F.I.R. as well as other relevant materials, it is evident that not even a single witness has been examined till today. Therefore, the applicant is entitled for bail. 7. Let the applicant- Lal Mohommad 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. In view of above, this bail application is allowed. Order Date :- 4.3.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench