Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43519 of 2023 Applicant :- Shivaji Singh Fauji Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar,Rahul Agarwal Counsel for Opposite Party :- Amit Rai,G.A. Hon'ble Ms. Nand Prabha Shukla,J. This is a revised call. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. None has appeared on behalf of the informant. This bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant Shivaji Singh Fauji seeking enlargement on bail during trial in connection with Case Crime No. 0601 of 2019, under Sections 420, 465, 468, 471, 120B, 506 and 34 IPC registered at Police Station Hapur Nagar, District Hapur. It has been submitted by learned counsel for the applicant that similarly placed co-accused Sushil Kumar and Ajay Gupta have already been granted regular bail vide orders dated 29.4.2024 and 13.6.2024 in Criminal Misc. Bail Application No. 12492 of 2024 and Criminal Misc. Bail Application No. 21813 of 2024. While the co-accused Gulshan Kumar and Nisha Gupta have already been granted interim bail vide orders dated 24.4.2023 and 23.2.2024 in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 991 of 2023 and Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 1824 of 2024. It has further been submitted that there is a criminal history of single case which is explained in para 3 of the bail application in which the applicant was granted bail by the Coordinate Bench of this Court. The applicant is languishing in jail since 01.01.2023. It has also been stated that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the trial. Per contra, the learned A.G.A. for the State has opposed the prayer for grant of bail but he could not dispute the aforesaid facts. Looking to the facts and circumstances of this case, the nature of evidence 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. In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Shivaji Singh Fauji involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions which are being imposed in the interest of justice. (i) The applicant shall not tamper with the evidence or threaten the witnesses. (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 as directed by the Court. 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 (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 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 23.4.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad