Neutral Citation No. - 2025:AHC-LKO:35708 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5389 of 2025 Applicant :- Tahendra Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the material on record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.96 of 2016, under Sections 302, 504, 506 I.P.C., Police Station- Mishrikh, District- Sitapur. 3. Learned counsel for the applicant submits that the applicant, who is an innocent person, has been falsely implicated in the present case and he is in jail since 19.05.2025. He further submits that as per the prosecution case the role for causing injury was assigned to co-accused Suresh Yadav. During the course of investigation the applicant was enlarged on bail by the Investigating Officer due to his chronic heart disease and he was shifted to hospital. He further submits that due to ill health, the trial of the applicant was separated and the rest of the accused have already been convicted for the offence under Section 304(1)/34, 504, 506 I.P.C. and thereafter they preferred appeal and all the accused have been enlarged on bail including the main accused- Suresh Yadav who caused the fatal injury to the deceased. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. vehemently opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that charge sheet was submitted against applicant as well as co-accused as during course of investigation the applicant was suffering from chronic heart disease and, therefore, he was declared absconder and thereafter he was taken into custody on 26.08.2016 and he was enlarged on bail due to his chronic heart disease. He also does not dispute the fact that other accused persons have been convicted against which they preferred appeal, which was already admitted and they were enlarged on bail. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, as also considering the fact that during course of investigation the applicant was suffering from chronic heart disease and, therefore, the charge sheet was submitted against other accused persons and the applicant was declared absconder and thereafter he was taken into custody on 26.08.2016 and he was enlarged on bail due to his chronic heart disease after taking into custody on personal bond of Rs.50,000/- with two sureties by the S.H.O. concerned and also main accused Suresh Yadav has been granted bail, I am of the view that the applicant is entitled to be released on bail. 6. The bail application is allowed. 7. Let applicant- Tahendra Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 I.P.C./269 B.N.S. (v) 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 B.N.S.S. may be issued and if 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 I.P.C./209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 17.6.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench