Neutral Citation No. - 2025:AHC-LKO:8036 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12665 of 2024 Applicant :- Dinesh Kumar Gautam Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rajat Pratap Singh, learned counsel for the applicant, Smt Sudha Sharma, learned A.G.A. for the State. 2. This is second bail application of the applicant. The first bail application of the applicant has been rejected by Hon'ble Pankaj Bhatia, J. vide order dated 01.07.2024. The second bail application has been released by Hon'ble Pankaj Bhatia, J. vide order dated 06.12.2024 therefore, it has been listed before the regular Court. 3. The present applicant is in jail since 30.08.2022 in Case Crime No.202 of 2022, under Section 326-A/307 IPC, Police Station Pachdevra, District Hardoi. Since almost all relevant/fact witnesses have been examined therefore, he is pressing this bail application. Not only the above, the injured, namely, Anil Kumar son of Raja Ram has been examined as PW-5 before the trial court and the aforesaid witness has been turned hostile. The aforesaid statement has been annexed with the Supplementary AfÏdavit as Annexure SA-1, therein he has categorically stated that the present applicant had not poured petrol upon him and had not set him into fire. He could not see as to who had done that mischievous act but the present applicant has not committed the said offence. He has further stated that while recording his statement under Section 161 CrPC he had not levelled any allegations against the present applicant therefore, he is absolutely unaware as to how name of the present applicant has been indicated in the said statement. Learned counsel for the applicant has stated that since the injured person has turned hostile and the present applicant is in jail for about two years and six months, he may be enlarged on bail. He has further submitted that almost all the relevant/fact witnesses have been examined, therefore there is no possibility of influencing the eye-witness. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall co-operate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid submission of learned counsel for applicant. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the injured, namely, Anil Kumar son of Raja Ram, who has been examined as PW-5 before the trial court, has been turned hostile; the said witness in his statement recorded before court below has categorically stated that present applicant had not poured petrol upon him and had not set him into fire, he could not see as to who had done that mischievous act but the present applicant has not committed the said offence; almost all the relevant/fact witnesses have been examined; undertaking of the applicant that he shall co-operate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 6. Accordingly, the bail application is allowed. 7. Let applicant-Dinesh Kumar Gautam 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 sufÏcient 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 sufÏcient 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, 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 ofÏcer or tamper with the evidence. (vi) The applicant shall not leave India without previous permission of the court. Order Date :- 6.2.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench