Neutral Citation No. - 2025:AHC-LKO:14969 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2160 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. Tru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Kumar Rai,Sachin Yadav,Saurabh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Vivek Kumar Rai, learned counsel for the applicant and Sri Pankaj Kumar Sinha, learned AGA for the State. The present applicant is in jail since 13.11.2024, in case crime no. 329 of 2024, under Sections 110, 115(2), 105, 351(2) and 352 of BNS at Police Station Banthara District Lucknow. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR which was lodged on 20.10.2024, implicating the entire family of the present applicant, inasmuch as the accused nos. 1 and 2 are sons of the present applicant. As per the FIR, the present applicant along with his sons came to the house of the deceased and attacked on him through stick and bamboo cane so the victim received head injury on the back area of the head. He died after ten days from the incident in question while taking treatment in the hospital and cause of death is septicemia due to ante-mortem injuries. Learned counsel has drawn attention of this Court towards annexure no. 2, which is the FIR, i.e., FIR No. 330 of 2024 under Sections 115(2), 352, 351(3) of BNS at P.S. Banthara District Lucknow, being lodged by the wife of the present applicant against Balai and Lali. The aforesaid FIR was lodged on the same date, i.e., 20.10.2024 having subsequent crime number, i.e., 330 of 2024. Learned counsel has stated that from the side of the informant both accused persons Balai and Lali attacked upon the wife and children of the present applicant on trivial dispute and started beating them. So as to save them, the present applicant used some force and he was not aware as to how the victim (since deceased) received any head injury. Learned counsel has stated that as per the prosecution story so narrated in the FIR, the place of incident is the house of the victim (since deceased) but as per site plan (naksha nazari), which is annexure no. 9 indicates that the place of incident is the area in front of the house of the present applicant, therefore, in the light of site plan, the prosecution story creates suspicion on the intention of the informant. The present applicant is a Government servant serving as baildar and is having no prior criminal history of any kind whatsoever. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant 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 applicant. 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 present applicant is languishing in jail since 13.11.2024; cause of death is septicemia due to ante-mortem injuries; there is no likelihood to conclude the trial in the near future; 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- Rakesh 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 of the Indian Penal Code. (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. 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 him, in accordance with law, under Section 174-A of the Indian Penal Code. (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. 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. Order Date :- 11.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench