HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7755 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This second bail application has been filed by the applicant in F.I.R. No. 390 of 2022, under Sections 396, 412, 395, 120-B, Police Station Sandila, District Hardoi with the prayer to enlarge him on bail. The first Bail Application No. 5932 of 2023 was dismissed by this Court vide order dated 06.05.2024. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the involvement of the applicant was found in the confessional statement of one Bhupendra Singh, however, he did not support the prosecution version in his deposition before the trial court. It is also submitted that earlier the applicant was implicated in 29 cases and in 10 cases, he has been acquitted by the trial court. In rest of the cases, the applicant is on bail. Learned counsel for the applicant vehemently submits that the applicant is in jail since 27.09.2022 and till today, only 3 witnesses have been examined. It is lastly submitted that in near future, there is no possibility of conclusion of trial and, thus, the applicant may be enlarged on bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial. Versus Counsel for Applicant(s) : Alok Kumar Mishra Counsel for Opposite Party(s) : G.A. Santosh Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. .....Opposite Party(s) 4. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that the applicant has criminal antecedent of 29 cases. However, he does not dispute the fact that out of 29 cases, the applicant has been acquitted in 10 cases and in rest of the cases, the applicant is on bail. 5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R. and other relevant documents, it is evident that the applicant is in jail since 27.09.2022 and till today, only 3 witnesses have been examined. It is also evident that the involvement of the applicant was found in the statement of the Bhupendra, who denied the prosecution story in his deposition before the trial court. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail. 6. Application stands allowed. 7. Let applicant -Santosh Tiwari be released on bail in F.I.R. No. 390 of 2022, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an 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. BAIL No. 7755 of 2025 2 (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 IPC. (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. 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 IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. October 7, 2025 VKS BAIL No. 7755 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench