Neutral Citation No. - 2025:AHC-LKO:43420 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2194 of 2025 Applicant :- Babadeen Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.,Angrej Nath Shukla,Krishna Kumar Tiwari Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and Sri Angrej Nath Shukla, learned counsel for complainant. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 30.10.2024 in Case Crime No. 465/2024, under Sections 190, 191(2), 191(3) 115(2), 109, 103 (1) B.N.S. and Section 7 Criminal Law Amendment Act, Police Station Colonelganj, District Gonda. 3. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as he has not committed any offence as alleged in the prosecution story. Attention has been drawn towards impugned F.I.R., wherein the general allegation of assault and beating has been levelled against seven accused persons including the present applicant. He further stated that the present applicant is 70 years old having several age related ailments and the allegation against him is similar to co-accused persons who have been granted bail by this Court in Crl. Misc. Bail Application Nos. 13249/2024 and 993/2025 on 20.12.2024 & 31.01.2025. Nothing incriminating has been recovered from the possession of the present applicant and being an old aged person, he may be enlarged on bail. 4. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet 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, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 5. Learned Additional Government Advocate as well learned counsel for the informant has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. 6. Therefore, without entering into the merits of the issue and considering the fact that the general allegation of assault and beating has been levelled against seven accused persons including the present applicant, present applicant is 70 years old having several age related ailments, present applicant is having no prior criminal history of any kind whatsoever, nothing incriminating has been recovered from the possession of the present applicant and considering the undertaking of the applicant that he shall co-operate in the trial proceedings and shall not misuse the liberty of the bail and, without expressing any opinion on merits of the case, I find it a fit case for bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant (Babadeen) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and 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 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 applicants shall not leave the country without prior permission of the Court. 9. Before parting with, learned trial court is directed to expedite the trial invoking the provisions of Section 309 Cr.P.C./346 B.N.S.S. without giving any unnecessary adjournment to any of the parties, fixing short date, if possible, on day to day basis and if any of the parties does not cooperate in the trial court proceedings properly, any appropriate coercive steps may be taken by the trial court strictly in accordance with law. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench