Neutral Citation No. - 2025:AHC:13653 Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17379 of 2024 Applicant :- Ankush Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A.,Gyan Chandra,Jitendra Kumar Shishodia Hon'ble Piyush Agrawal,J. Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Jitendra Kumar Sishodia, learned counsel for the informant as well as learned Additional Government Advocate for the State of U.P. and perused the record. A supplementary affidavit and two rejoinder affidavits filed today are taken on record. The present bail application has been filed by the applicant seeking bail in Case Crime No. 590 of 2023, under Sections 364 A, 34, 201 IPC, Police Station- Majhaula, District - Moradabad. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that no specific role has been assigned for commission of the alleged crime; there was no independent or public witness to the alleged incident or recovery; no motive has been assigned to the applicant; the previous criminal history of the applicant has been explained. It is stated that after taking note of the entire facts and circumstances of the case co accused, namely, Kailash and Shashank Mehta alias Vikki have already been enlarged on bail by this Court vide orders dated 12.2.2024 and 28.11.2024 respectively. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 06.08.2023 and the possibility of conclusion of trial in near future is very bleak. Learned A.G.A. as well as Sri Jitendra Kumar Sishodia, counsel for the informant have, however, opposed the prayer for grant of bail. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant, namely, Ankush Sharma, be released on bail in the aforesaid Case Crime Number on furnishing personal bond and two reliable sureties each of 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 the applicant 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code. (iii) In case the applicant misuse the liberty of bail during trial and in order to secure the applicant's 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 the applicant, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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 the applicant in accordance with law. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. The application is disposed of. Order Date :- 27.1.2025 samz (Piyush Agrawal, J.) Digitally signed by :- SYED AKHTARMOHAMMAD MEQDAD High Court of Judicature at Allahabad