Neutral Citation No. - 2025:AHC:80698 Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17219 of 2023 Applicant :- Heera Lal Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Singh,Ajeet Dixit,Dharmendra Pratap Singh,Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J. 1. This is third bail application. 2. Heard learned counsel for the applicant and Sri Santosh Kumar Pandey, learned AGA for the State. 3. This Court vide order dated 01.05.2025 has directed District Judge, Maharajganj to submit report with regard to the status of trial. Pursuant to that, District Judge, Maharajganj has submitted report dated 14.05.2025 and as per report, only cross examination of P.W.1 & P.W.-2 was recorded before 13.05.2025. Further, date of 27.05.2025 was fixed for examination-in-chief of P.W.-3. 4. Learned counsel for applicant submitted that as no one has appeared, therefore, second bail application was rejected by this Court in impression that trial has been completed or applicant has already been enlarged on bail. He further submitted that out of 18 witnesses, only cross examination of P.W.1 & P.W.-2 and examination-in-chief of P.W-3 is recorded till now. Except present case, applicant is having no criminal history. He next submitted that applicant is in jail since 06.02.2021 and he has undergone more than four years of incarceration. Therefore, considering the long period of detention as well as status of the trial which is not likely to be concluded in near future, the applicant may be enlarged on bail. 5. Sri Santosh Kumar Pandey, learned AGA has opposed the prayer for bail, but could not dispute the this fact that child is still residing with his grand father & mother. 6. Considering the material on record, period of detention in jail, status of trial as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Heera Lal Maurya, involved in Case No. 1611 of 2021, arising out of Case Crime No. 63 of 2020, under Sections- 419, 420, 467, 468, 471 I.P.C., Police Station- Parassamlik, District -Maharajganj, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. 7. This bail order would be subject to the fulfillment of following conditions:- i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 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 of the Indian Penal Code; v. In case, the applicant misuses the liberty of bail 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. vi. vi. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. vii. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.5.2025/Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad