Brij Raj Singh,J.

1. Heard learned counsel for the applicant as well as learned A.G.A for the State of U.P. and perused the record.

2. The present bail application has been filed on behalf of the applicant in Case Crime No.109 of 2020, under Sections 147, 323, 504, 308 I.P.C., Police Station - Rampur Kala, District - Sitapur, with the prayer to enlarge her on bail.

3. Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. and he has been falsely implicated in the present case. The one fatal injury i.e. on head which has been caused by Kamlesh and other injuries are simple in nature. The name of the applicant came later on and specific role has been assigned. Learned counsel for the applicant has submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 09.05.2022 having no previous criminal history.

4. Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above submissions made by the learned counsel for the applicant.

5. 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 and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

6. Let applicant - Dubari, be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

(1) 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 his under Section 229-A of the Indian Penal Code.

(2) 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 his in accordance with law.

(3) The applicant will not tamper with the prosecution witnesses.

(4) The applicant will not indulge in any illegal activities during the period of bail.

(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.