Neutral Citation No. - 2025:AHC:26282 Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39487 of 2023 Applicant :- Kamlesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Babu Lal Ram,Bhupendra Pal,Kartikeya Rajawat Counsel for Opposite Party :- G.A. Hon'ble Rajan Roy,J. 1. This case has been taken up through video conferencing. 2. Heard. 3. This second application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.169 of 2022, under Sections 302, 201 I.P.C., Police Station - Chakeri, District - Kanpur Nagar. The fist one having been rejected on 09.12.2022. 4. In response to the Court's order dated 17.02.2025, learned AGA has received instructions to the effect that an application under Section 311 Cr.P.C. has been filed in the Court below for examination of three additional witnesses and not for recall of any witness already examined. 5. Considering the report dated 15.02.2025 of the Additional District & Sessions Judge, Court No. 12, Kanpur Nagar that prosecution evidence was concluded, statement under Section 313 Cr.P.C. was recorded, defence evidence was also recorded and the trial was pending for argument when, on 11.02.2025 the prosecution moved an application under Section 311 Cr.P.C., the trial is once again pending for prosecution evidence and, as, three additional witnesses are to be examined on such application as informed by learned AGA, and also the fact that the applicant has remained in jail since 22.02.2022 and the conclusion of trial will take sometime, most of the witnesses including informant and other witnesses of fact have already been examined and as the applicant does not have any criminal history, therefore, I am of the opinion that applicant is entitled to be enlarged on bail. 6. Accordingly, the bail application is allowed. 7. Let the applicant, namely, Kamlesh Yadav be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :- (i) The applicant shall not indulge himself in any criminal activity. (ii) 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. (iii) 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. (iv) 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 of the Indian Penal Code. (v) The applicant shall remain present, in person, before the trial court on the dates fixed for 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. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. [Rajan Roy, J.] Order Date :- 24.2.2025/-Santosh] Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad