Neutral Citation No. - 2025:AHC:132864 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27069 of 2025 Applicant :- Yogendra Opposite Party :- State Of Uttar Pradesh Through Home Secretary, Lucknow Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard Mr. Adarsh Srivastava, learned counsel for the applicant, learned AGA for the State and perused the material available on record. 2. This bail application under Section 483 of B.N.S.S. has been filed by the applicant seeking enlargement on bail in Case Crime No.388 of 2023, under Section 306 IPC, Police Station Sikandrabad, District Bulandshahar. 3. Learned counsel for the applicant has submitted that earlier the applicant was granted bail by this Court vide order dated 02.08.2024 and after release from the jail, the applicant could not attend the court proceeding due to illness on 07.05.2025, thereafter, NBW was issued against the applicant thereafter the applicant has moved recall application which was dismissed vide order dated 17.05.2025, thereafter, the applicant has surrendered before the court below on 01.04.2025 and the court below sent the applicant in jail. He has further submitted that for the first time the applicant absconded as he could not appear before the court below and when the applicant got knowledge about the NBW, he immediately surrendered before the court below. The applicant is having no criminal history. The applicant is in jail since 07.05.2025. 4. On the other hand, learned A.G.A. opposes the application for bail. 5. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 6. Let the applicant-Yogendra , 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. Further, before issuing the release order, the sureties be verified. (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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 6.8.2025 Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad