Neutral Citation No. - 2025:AHC-LKO:35910 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12657 of 2024 Applicant :- Raman Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A.,Avnesh Kumar Singh,Karunesh Singh Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, Sri Avenesh Kumar Singh, learned counsel for the complainant as well as learned A.G.A for the State of U.P. and perused the record. 2. This second bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 0852 of 2022, under Sections 34, 302, 323, 504, 325 I.P.C., Police Station- Kotwali City, District- Hardoi. 3. It is submitted by the learned counsel for the applicant that the applicant is an innocent person and has been falsely implicated in the present case. It is further submitted that seven witnesses have already been examined including the injured witnesses. It is next submitted that as per the prosecution story PW-1, PW-2 and PW-3 are the injured witnesses and during the course of trial PW-1 and PW-2 have categorically deposed before the Trial Court and assigned the role of causing injury to the deceased to Saurav. It is also submitted that in the deposition of Rajendra Singh, PW-3, he has categorically denied the prosecution story and further submitted that false recovery of the country made pistol has been shown on the pointing out of the applicant by the investigating officer. There is no possibility of tampering of any evidence as all the witnesses of fact have already been examined. The applicant is in jail since 28.10.2022 but till today trial has not been concluded. The applicant is ready to cooperate in the investigation and in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer of bail and submitted that during the course of investigation, sufficient evidences were collected by the investigating officer and also stated that the Rajendra Singh, PW-3 supported the prosecution story in his statement recorded under Section 161 Cr.P.C. but he changed his version in the deposition before the Trial Court. 5. Considering the rival submissions of learned counsel for the parties and going through the contents of FIR as well as other relevant material including the statements of witnesses as seven witnesses have already been examined including the injured witnesses and no one has assigned specific role to the applicant for causing injury to the deceased, I am of the view that the applicant is entitled to be released on bail. 6. The bail application is allowed. 7. Let the applicant- Raman Singh, 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 I.P.C./269 B.N.S. (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./84 B.N.S.S. 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 I.P.C./209 B.N.S. (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./351 B.N.S.S. 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. Trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournments to the parties. Order Date :- 19.6.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench