Neutral Citation No. - 2025:AHC-LKO:3318 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 495 of 2025 Applicant :- Sandeep @ Sandeep Sagar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And Another Counsel for Applicant :- Santosh Kumar Srivastava,Bhanu Pratap Singh,Harsh Vardhan Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Harsh Vardhan Singh, learned counsel for the applicant, Sri Shani Pratap Singh, learned A.G.A. for the State, and Sri Brijesh Kumar, Advocate has filed 'Vakalatnama' on behalf of complainant / victim. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 22.12.2024 in Crime No. 264 of 2024 u/s 64, 351(2) B.N.S., P.S. Mahanagar, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. wherein for the alleged incident dated 1.1.2011 the F.I.R. has been lodged on 14.11.2024 after a delay of 14 years and no explanation of aforesaid delay has been given. Learned counsel has further submitted that in the F.I.R. all type of false and misconceived allegations have been levelled against the present applicant but charge-sheet has been filed against him u/s 64 and 351(2) B.N.S. The name of other co-accused persons have been dropped. The present applicant is having no prior criminal history of any kind whatsoever. The applicant is having his permanent address, therefore, there is no flight risk. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the alleged incident took place on 1.1.2011 but the F.I.R. has been lodged on 14.11.2024 after a delay of 14 years and no explanation of aforesaid delay has been given, in the F.I.R. all type of false and misconceived allegations have been levelled against the present applicant but charge-sheet has been filed against the applicant u/s 64 and 351(2) B.N.S., the name of other co-accused persons have been dropped, the present applicant is having no prior criminal history of any kind whatsoever, applicant is having his permanent address, therefore, there is no flight risk and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicant Sandeep @ Sandeep Sagar, involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (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 351 of B.N.S.S., 2023. 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 20.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench