Neutral Citation No. - 2025:AHC:5733 Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41329 of 2022 Applicant :- Shiv Kumar @ Sukkhu Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This bail application has been filed by the applicant seeking bail in Case Crime No. 049 of 2020, under Sections 307, 504, 506 IPC, Police Station Kadaura, District Jalaun. 3. Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. 4. Learned counsel for the applicant has next submitted that even according to prosecution own case, the victim is said to have received a single gun shot injury on 8.5.2020, which has been removed on 8.5.2020 and the applicant has already been discharged from hospital and is hale and hearty and has not suffered any permanent disability. 5. Learned counsel for the applicant has next submitted that the applicant is in jail since 16.6.2020. There are as many as 14 prosecution witnesses, however, only two witnesses have been examined. 7. Learned counsel for the applicant has next submitted that the chances of trial being concluded in near future is very bleak due to heavy dockets. 8. It is further submitted that the criminal history of the applicant has been explained in para-4 of the rejoinder affidavit and said cases are old and stale and as such the applicant is entitled to be released on bail. 9. Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 16.6.2020. 10. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the fact that even according to prosecution own case, the victim is said to have received a single gun shot injury on 8.5.2020, which has been removed on 8.5.2020 and the applicant has already been discharged from hospital and is hale and hearty and has not suffered any permanent disability. The applicant is in jail since 16.6.2020. There are as many as 14 prosecution witnesses, however, only two witnesses have been examined. The chances of trial being concluded in near future is very bleak due to heavy dockets. The criminal history of the applicant has been explained in para-4 of the rejoinder affidavit and said cases are old and stale, as such, I am of the view that the applicant has also made out a case for bail. Let the applicant Shiv Kumar @ Sukkhu be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:- (1). 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. (2). 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. (3). 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 IPC. (4). 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 the 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. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. The bail application is accordingly allowed. Office is directed to send a soft copy of this bail order by e-mail to the appellant through the Jail Superintendent concerned. Order Date :- 10.1.2025 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad