Neutral Citation No. - 2025:AHC-LKO:20386 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12620 of 2024 Applicant :- Firoz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Adarsh Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. This second bail application has been filed with regard to Case Crime No. 25 of 2020 under Section 395, 412 IPC, Police Station Gauriphanta District Lakhimpur Kheri with first bail application No. 12095 of 2024 having been dismissed as not pressed with liberty to file afresh vide order dated 20th November, 2024. 3. As per contents of FIR, the incident is said to have taken place on 2nd November, 2020 at about 7.00 P.M. when certain unidentified persons are said to have intercepted the vehicle of informant and looted various valuables. 4. It has been submitted that the applicant has been falsely implicated in the charges levelled against him which would be evident from the fact that he is not named in the F.I.R. and his name has been included in the charge sheet only on the basis of alleged confessional statement of co-accused. It is submitted that applicant is under incarceration since 18th August, 2021 and as yet only two prosecution witnesses have been examined out of fifteen indicated in the charge sheet. 5. Learned A.G.A. has opposed bail application with submission that although applicant's name is not indicated in the F.I.R. but his name has been included during course of investigation with certain recoveries also being made from him. It is however admitted that previous criminal history has already been explained. 6. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that applicant is not named in the F.I.R. and his name has been included in the charge sheet on the basis of confessional statement of co-accused and certain recovery. The applicant is under incarceration since 18th August, 2021 and as per report dated 4th January, 2025 submitted by trial court, only two prosecution witnesses have been examined whereas charge sheet indicates 15 witnesses. It is therefore evident that there is no hope of early conclusion of trial. 7. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. 9. Accordingly bail application is allowed. 10. Let applicant Firoz involved in the 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. 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 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. Order Date :- 10.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench