Neutral Citation No. - 2025:AHC-LKO:34497 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13273 of 2024 Applicant :- Sandeep Sonkar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Homes Lko Counsel for Applicant :- Syed Zulfiqar Husain Naqvi,Shishir Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that earlier the applicant was enlarged on bail in Case Crime No. 597 of 2013, under Sections 457, 380 IPC. It is further submitted that after being enlarged on bail, the applicant could not attend the court proceedings due to Covid-19 pandemic, during which he has not received any summons, bailable warrants or non-bailable warrants. On 9.10.2023 and 24.9.2024, the proceedings of Sections 82 and 83 CrPC were proceeded against the applicant respectively and he was apprehended on 16.10.2024 and since then he is in jail. It is further submitted that the applicant has explained his criminal history in the bail application as well as in the supplementary affidavit and he is languishing in jail since 16.10.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the gravity of the offence, period of incarceration gone into by the applicant so also the order-sheet which shows that the matter has been listed on several occasions and an opportunity was granted to the State to file counter affidavit, but no counter affidavit has been filed till date and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Sandeep Sonkar involved in Case Crime No. 597 of 2013, under Sections 457, 380 IPC, Police Station- Millarea, District- Raebareli, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) 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. (vi) 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. Order Date :- 4.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench