Neutral Citation No. - 2025:AHC-LKO:37357 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5849 of 2025 Applicant :- Ramjivan Opposite Party :- State Of U.P. Thru Sec Home Department Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shashank Shekhar Singh, learned counsel for the applicant and Sri Rishikesh Verma, learned A.G.A. for the State. 2. This case has been filed through e-mode and the learned counsel for the applicant has provided the photocopy / hard copy of the petition to the Court, the same is taken on record. 3. It has been contended by the learned counsel for the applicant that the applicant is in jail since 17.3.2025 in Case Crime No. 0097 of 2025 u/s 105, 352 of B.N.S., P.S. Harpalpur, District Hardoi. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled that for no reason the applicant started beating the victim who was an old aged person and also tried to strangulate him, resultant thereof he fainted. Thereafter, the informant took him to the hospital wherein during the treatment he died. The copy of panchnama has been shown wherein the reason of death of the victim has been indicated as illness inasmuch as in the panchnama it has not been indicated that on account of any assault the victim died. 5. Learned counsel has stated that the victim was an old aged person of 85 years and died on account of age related ailments but having ulterior motive and extraneous design the allegation of assault has been attributed to the applicant and others. No reason, motive or intention has been indicated in the F.I.R., therefore, the prosecution story appears to be concocted. The present applicant is having no criminal history of any kind whatsoever. The charge-sheet has been filed in this case. 6. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant 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. 7. 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. 8. 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 victim was an old aged person of 85 years and died on account of age related ailments, no reason, motive or intention has been indicated in the F.I.R., applicant is having no criminal history of any kind whatsoever, the charge-sheet has been filed in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 9. Bail application is allowed. 10. Let the applicant Ramjivan, involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her under Section 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 84 of B.N.S.S., 2023 may be issued and if the applicant fails 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 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 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 :- 2.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench