Neutral Citation No. - 2025:AHC-LKO:39170 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1695 of 2025 Applicant :- Manoj Kumar @ Babloo And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Laxmi Sewak,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Laxmi Sewak, learned counsel for the applicants and Sri Ran Vijay Singh,learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicants that the applicants are in jail since 3.1.2025 in F.I.R. No. 352 of 2024 u/s 105 B.N.S., P.S. Sareni, District Raebareli. It has been submitted that the applicants have been falsely implicated in this case as they have not committed any offence as alleged. 3. Attention has been drawn towards impugned F.I.R. wherein the date of incident is 14.12.2024, however, the F.I.R. has been lodged on 31.12.2024 without explaining the aforesaid inordinate delay more than 16 days. In the impugned F.I.R. no motive or intention has been attributed to the present applicants and allegations have been levelled against three accused persons, however, during the course of investigation the name of accused no. 3 namely, Abhishek @ Ashu has been deleted. The present applicants are having no criminal history. Charge-sheet has been filed in this case.The deceased died on account of 'Septicemia'. As per the postmortem report the deceased received following injuries : "1 - Stitched wound of size 2 cm with 2 stitch present at right side neck abdomen and stitched wound of 16 cm with 27 stitches present." 4. The learned counsel for the applicants have given an undertaking on behalf of applicants that the applicants 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 date of incident is 14.12.2024, however, the F.I.R. has been lodged on 31.12.2024 without explaining the inordinate delay more than 16 days, in the impugned F.I.R. no motive or intention has been attributed to the present applicants, allegations have been levelled against three accused persons, however, during the course of investigation the name of accused no. 3 namely, Abhishek @ Ashu has been deleted, applicants are having no criminal history, charge-sheet has been filed in this case, deceased died on account of 'Septicemia' and the undertaking given on behalf of the applicants that they shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicants are entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicants, Manoj Kumar @ Babloo and Rituraj alias Khurdar, involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (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 him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicants fail 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 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 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 :- 9.7.2025 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