Neutral Citation No. - 2025:AHC:75975 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11155 of 2025 Applicant :- Sakir Ali Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.613 of 2019, under Sections 147, 148, 149, 307, 395, 397, 332 and 353 I.P.C. and Section 7 Criminal Law (Amendment) Act, 1932, Police Station-Nakhasa, District-Sambhal, with the prayer to enlarge him on bail. 3. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 10.03.2025. It is further submitted on behalf of applicant that FIR in question has been lodged against 200 unknown persons. The applicant is not named in the FIR and his name is surfaced along with co-accused persons during the course of investigation. He next submitted that applicant has been granted anticipatory bail by Co-ordinate Bench of this Court, vide order dated 02.02.2021 passed in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.2016 of 2021. He further submitted that no specific role has been assigned to the applicant in the said offence and he was not arrested from the spot. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. opposed the prayer for grant of bail to the applicant. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, I am of the view that the applicant is entitled to be released on bail. 6. Let the applicant-Sakir Ali, who is involved in aforementioned case crime 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 subject to following conditions. (i) 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. (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 sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (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., 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. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad