Manju Rani Chauhan, J. - Due to lock-down period and the deadly epidemic like Corona (COVID-19) causing worldwide outcry and dread, the written objection has been filed on behalf of the State through e-mail, which is taken on record.

2. Heard Mr. Prashant Kumar, learned A.G.A. for the State and perused the material on record.

3. The instant bail application has been filed on behalf of the applicant Udairaj Singh @ Buddi with a prayer to release him on bail in Case Crime No.96 of 2019, under Sections 147, 148, 149, 307, 504, 506 I.P.C., Police Station Kishanpur, District Fatehpur, during pendency of trial.

4. In the affidavit accompanying the present bail application, it has been stated on behalf of the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. It is further stated that it is a cross case. For the incident dated 17.03.2019, an N.C.R. was lodged on 18.03.2019 by the applicants side against three persons and for the same incident, the impugned F.I.R. has been lodged on 18.03.2019 by the informant against as many as ten named accused persons including the applicant. It is further submitted that co-accused, namely, Rajesh Singh @ Pooti Singh, Vinod, Raju, Shyamendra Singh @ Banta have been granted by this Court vide order dated 10.07.2019 passed in Crl. Misc. Bail Application Nos.21885, 21887, 20422 and 21904 of 2019 and co-accused Shankar Singh @ Shankar has also been granted bail by a co-ordinate Bench of this Court vide order dated 17.10.2019 passed in Crl. Misc. Bail Application No.42856 of 2019. Copy of bail orders have been annexed as Annexure 4 to the affidavit filed in support of the bail application. Accordingly, the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 17.03.2019. It has been lastly stated 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 he shall not misuse the liberty of bail. Accordingly, he requests for bail.

5. Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

6. Seeing the period of detention of the applicant for the alleged offence and considering the material/evidence brought on record, complicity of the accused, severity of punishment, as well as the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 [LQ/SC/2018/152] , let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

(i) 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.

(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 of the Indian Penal Code.

(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. 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.

(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 him in accordance with law.

(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

(viii) If under orders of the Government any interim bail is granted to the applicant, then this order shall come into force only after completion of the period of the interim release aforesaid.

7. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.