Neutral Citation No. - 2025:AHC:41040 Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8552 of 2025 Applicant :- Sharik Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shahibe Alam,Pushpendra Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Pushpendra Singh, learned counsel for the applicant and Mr. Satendra Tiwari, learned A.G.A. for the State and perused the material on record. The instant bail application has been filed on behalf of applicant, Sharik with a prayer to enlarge him on bail in Case Crime No.1406 of 2018, under Sections 147, 148, 149, 307 I.P.C., Police Station-Sikandrabad, District-Bulandshahar, during pendency of trial. Learned counsel for the applicant submits that earlier the applicant was enlarged on bail. Due to reasons as mentioned in paragraph-20 of the affidavit, he could not appear before the trial Court in few dates, therefore, Non Bailable Warrant have been issued against him on 04.10.2024. Learned counsel for the applicant has placed forth the circumstances under which the accused-applicant could not appear before the court when he was required and as a result of which his bail got cancelled. It has been submitted that henceforth no default shall be committed by the accused and he is prepared to give an undertaking that he shall faithfully make himself available to the court on each and every date. He further submits that applicant has criminal history of two cases, which have been explained in paragraph-25 of the affidavit. The applicant is in jail since 03.02.2025 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Learned A.G.A. opposed the prayer for bail, but he could not dispute the factual submissions as urged by the learned counsel for the applicant. After perusing the record in the light of the submissions made at the bar with regard to explanation offered by the accused for his default and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. Let the applicant- Sharik, involved in the aforesaid case crime number, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (i) The applicant shall not tamper with the prosecution evidence; (ii) The applicant shall not pressurize the prosecution witnesses; (iii) The applicant shall personally appear on each and every date fixed by the trial court. (iv) The applicant shall personally appear once in the first week of every month in the concerned Police Station for a period of two years. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach. In case of default of compliance with condition no.(iii) enumerated above, the order granting bail shall stand cancelled automatically and the court concerned shall issue non bailable warrant in order to get the applicant arrested and lodge him in jail. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no.iv as provided herein before. The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. iv provided herein before may be complied with. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 20.3.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad