Neutral Citation No. - 2025:AHC-LKO:8039 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13061 of 2024 Applicant :- Pramod Kumar Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Vikas Kumar Agrawal,Bhupendra Kumar Bajpai Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vikas Kumar Agrawal, learned counsel for the applicant, Sri Uttam Kumar, learned A.G.A. for the State. 2. As per learned counsel for applicant, the present applicant is in jail since 30.06.2024 in Case Crime No.312 of 2024, under Sections 302, 34 I.P.C., Police Station Rupaideeha, District Bahraich. He has been falsely implicated in the present case as he has not committed any offence as alleged. 3. Attention has been drawn to the impugned first information report wherein the allegation of assault, beating and exhortation has been attributed to four accused persons including the present applicant. In the impugned first information report, the main role of assault has been attributed to co-accused Ambar Lal and his son Anup Kumar Dubey, whereas the present applicant has been attributed the role of exhortation. The present applicant was having no enmity of any kind whatsoever with the deceased or his family. The aforesaid allegation of exhortation is also incorrect. Further, attention has been drawn to the statement of the eye-witness, namely, Hiralal son of Ramdhan (Annexure–'5') who has stated therein that at the time of the alleged incident in question, though the present applicant was present at the place of incident but was not exhorting. No allegation of assault etc has been levelled against the present applicant. The other witnesses whose statements have been enclosed along with this bail application, have stated the same story that present applicant was only present at the place of incident but has not committed any offence. Charge-sheet has been filed. 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 the 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 main role of assault has been attributed to co-accused Ambar Lal and his son Anup Kumar Dubey; the present applicant was having no enmity of any kind whatsoever with the deceased; the fact that eye-witness, namely, Hiralal son of Ramdhan in his statement has stated that at the time of the alleged incident in question, though the present applicant was present at the place of incident but was not exhorting, no role of assault has been attributed to the present applicant; 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-Pramod Kumar Dubey 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