Ashok Vs State of U.P. Thru. Prin. Secy. Home Lko. and

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Neutral Citation No. - 2025:AHC-LKO:654

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12833 of 2024

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Applicant :- Ashok

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This is second bail application filed by the applicant in F.I.R. No. 264 of 2021, under Sections 147, 148, 307, 323, 504, 394, 411 IPC, Police Station Makhi, District Unnao with the prayer to enlarge him on bail.

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Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the charge sheet was submitted by the Investigating Officer in mechanical manner. It is vehemently submitted that after framing of charge, statement of complainant/victim was recorded as P.W. 1, in which, he has not supported the prosecution version and, therefore, there is least possibility of conviction. It is, thus, submitted as the complainant/victim himself has not supported the prosecution version, the applicant, who has no criminal antecedent and is in jail since 20.05.2022, is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.

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Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute the fact that the complainant, in his deposition before the trial court, has not supported the prosecution story.

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Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., deposition of the complainant/victim

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recorded as P.W. 1 as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail.

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Application stands allowed.

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Let applicant -Ashok be released on bail in F.I.R. No. 264 of 2021, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office or tamper with the evidence.

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(iii) 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.

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(iv) 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 229A IPC.

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(v) 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.

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(vi) The applicant shall remain present, in person, before

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the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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.

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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.

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Order Date :- 6.1.2025 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ashok v. State of U.P. Thru. Prin. Secy. Home Lko. and

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Ashok v. State of U.P. Thru. Prin. Secy. Home Lko. and

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