Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1517 of 2025 Applicant :- Ramu And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Kumar Gupta,Vivek Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Vivek Shukla, learned counsel for the applicant and Sri Arun Verma, learned AGA for the State and Sri Ajeet Kumar Singh, learned counsel for the informant who has filed his vakalatnama and the same is taken on record. At the very outset, learned counsel for the applicant has requested that he may be permitted to not press the bail of Siyaram, applicant no. 2 at this stage and liberty may be given to file a fresh. On the aforesaid request, the learned counsel for the applicant is permitted to delete the name of applicant no. 2, Siyaram from the array of applicants, during the course of the day and this bail application may be treated as not pressed for applicant no. 2, Siyaram at this stage with the aforesaid liberty. In that way, this application would be related to applicant no. 1, Ramu son of Ram Sahai and applicant no. 3, Ram Sahai son of Maiku. Office is directed to provide the certified copies of the rejection order relating to Siyaram to the learned counsel for the applicant after keeping the photocopy thereof on record. The applicant no. 1, Ramu is in jail since 20.09.2024 and applicant no. 3, Ram Sahai is in jail since 05.09.2024 in case crime no. 261 of 2024 under Sections 115(2), 353, 351(3), 105 of BNS at P.S. Sandila District Hardoi. Learned counsel for the applicants has stated that the present applicants have been falsely implicated as they have not committed any offence as alleged. Attention has been drawn towards FIR, wherein, the general allegation of beating and assault has been levelled against four accused persons including the present applicants. No specific role has been attributed to the present applicants. Nothing incriminating has been recovered from the present applicants. Even as per the statement of the witnesses, no specific allegation has been levelled against the present applicants, Ramu and Ram Sahai. Allegation has been levelled against one Siya Ram. There is no motive or intention to assault the victim (since deceased). Initially the FIR was not lodged under Section 105 BNS, but after the date of incident, the victim died, therefore, chargesheet has been filed under Section 105 BNS also. The applicants Ramu and Ram Sahai are having no criminal history of any kind whatsoever. The learned counsel has further submitted that if the applicants are released on bail, they shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicants shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicants. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the applicant no. 1, Ramu is in jail since 20.09.2024 and applicant no. 3, Ram Sahai is in jail since 05.09.2024; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Ramu and Ram Sahai, be released on bail in the aforesaid case crime number on their 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants 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 them in accordance with law. Order Date :- 20.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench