Neutral Citation No. - 2025:AHC-LKO:627 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 809 of 2024 Applicant :- Ramdev Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Govt. Of U.P. Lucknow Counsel for Applicant :- Vishwa Nath Singh,Manoj Kumar Singh,Shiv Kumar Yadav,Shyam Bihari,Sunil Verma Counsel for Opposite Party :- G.A.,Arun Kumar Tewari,Deeksha Pal,Prabhat Dwivedi Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shyam Bihari, learned counsel for the applicant, Sri Ran Vijay Singh, learned A.G.A. and Sri Prabhat Dwivedi, learned counsel for the informant. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 04.10.2023 in Case Crime No. 388 of 2023, u/s 302, 201, 506 IPC, P.S. Fkharpur, District Bahraich. 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 the alleged date of incident has been indicated as 22.08.2023 but the FIR has been lodged on 27.08.2023 without explaining the delay. In the impugned FIR allegations have been levelled against the present applicant and one Matole regarding sections 346 and 506 IPC, however the charge sheet has been filed under Section 302 IPC. 4. Learned counsel for the applicant has stated that the present applicant has been implicated in the present case on the basis of statement of co-accused Matole against whom there is last seen evidence. Co-accused Matole has allegedly confessed that he with the help of present applicant Ram Dev committed crime murdering the deceased Poonam. On the pointing out of co- accused Matole, a skeleton of deceased Poonam recovered after about 40 days. 5. Learned counsel for applicant has stated that as a matter of fact there is no incriminating material against the present applicant except confessional statement of co-accused Matole. There is no eye witness account and no last seen evidence so far as the present applicant is concerned. 6. Learned counsel for applicant has explained three petty criminal cases of applicant in para-2 of supplementary affidavit dated 24.01.2024. There was one criminal case under Section 392 IPC against the applicant wherein charge sheet has not been filed against him, though the same has been filed against other accused persons and the trial of that case is pending consideration. Since the charge-sheet has been filed and the applicant undertakes that he shall cooperate in the trial proceedings and shall not misused the liberty of bail, therefore, he may be enlarged on bail. 7. Learned A.G.A. as well as learned counsel for informant has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 8. Considering the facts and circumstances of the case, perusing the material available on record, arguments advanced by the learned counsel for the parties, there is no eye witness account and no last seen evidence so far as the present applicant is concerned and without expressing any opinion on merits of the case, I find it a fit case for bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant- Ramdev be released on bail in the aforesaid case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (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 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 / 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. (v) The applicant shall not leave India without previous permission of the Court. Order Date :- 6.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench