Neutral Citation No. - 2025:AHC-LKO:11431 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12696 of 2024 Applicant :- Divyanshu Yadav @ Lullur Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A.,Santosh Kumar Srivastava Hon'ble Rajesh Singh Chauhan,J. Heard Sri Alok Kr. Misra, learned counsel for the applicant, the learned AGA for the State. The present applicant is in jail since 29.09.2024, in case crime no. 255 of 2024, under Sections 70(1), 191(2), 115(2), 352, 351(2), 351(3) of BNS at Police Station Malipur District Ambedkarnagar. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Learned counsel for the applicant has submitted that the present applicant is the cousin brother of Ankur Yadav @ Nitin Kumar Yadav whose interim bail was made absolute yesterday, i.e., on 20.02.2025 in Criminal Misc. Bail Application No. 13363 of 2024 since Ankur Yadav and the prosecutrix are ready to get married and shall marry within a month and shall produce their marriage registration certificate before the learned trail Court. The present applicant has no prior criminal history of any kind, whatsoever. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. Considering the aforesaid facts and circumstances of the case, perusing the material available on record, arguments advanced by the learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail. The bail application is allowed. Let the applicant- Divyanshu Yadav @ Lullur, be released on bail in the aforesaid case crime number 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:- (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 applicants fail 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 :- 21.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench