Neutral Citation No. - 2025:AHC-LKO:12950 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1804 of 2025 Applicant :- Amit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Anoop Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Anoop Srivastava, learned counsel for the applicant and Ms. Rafiya Farooqui, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Amit Kumar) is languishing in jail since 03.12.2024 in Case Crime No.73 of 2024, under Sections 304, 323 & 324 I.P.C., Police Station-Jagatpur, District-Raebareli. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) which was lodged on 28.03.2024 for the alleged incident dated 26.03.2024 without explaining the delay implicating as many as four accused persons including the present applicant. In the F.I.R., no motive or intention has been indicated. When the F.I.R. was lodged the victim (since deceased) was alive, therefore, the F.I.R. was lodged under Sections 323, 324 & 308 I.P.C. Since the deceased was under influence of alcohol, so he fell down from the Motorcycle and received some injuries inasmuch as Annexure No.2 is the medical examination report of the deceased which indicates that smell of alcohol comes from mouth of the patient and slurry of speech. As per opinion of the Doctor, the Injury No.1 has been received on account of consumption of alcohol. The victim was admitted in K.G.M.U. on 27.03.2024 (Annexure No.3) from where he was discharged, though the victim died on 29.04.2024 and his postmortem conducted on 30.04.2024 (Annexure No.5). The deceased received mainly five injuries. Those are old two lacerated wounds, old abrasion, old tracheostomy hole and old drainage tube hole through thorax. 5. Learned counsel for the applicant has stated that as a matter of fact the deceased died on account of accident after about one month from the incident in question but the F.I.R. has been lodged on 28.03.2024 against the present applicant and others having ulterior motive and extraneous design in the mind of the informant. The deceased was drunkered as has been indicated by the Doctor. The present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly. 6. The learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the submissions so made by the learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that there is delay in lodging the impugned F.I.R. and no proper explaination has been given; in the F.I.R., no motive or intention has been indicated; the deceased was under influence of alcohol, so he fell down from the Motorcycle and received injuries; the present applicant is having no prior criminal history of any kind whatsoever; the charge-sheet has been filed and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Amit Kumar) be released on bail in the aforesaid case crime number 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:- (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 IPC/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 82 Cr.P.C./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, in accordance with law, under Section 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 4.3.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench