Neutral Citation No. - 2025:AHC-LKO:43496 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9059 of 2024 Applicant :- Monu @ Sachin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.,Arvind Yadav Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the parties. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 181/2024, under Sections 147, 148, 149, 34, 307, 302, 504, 506 IPC, Police Station Kotwali Dehat, District Pratapgarh. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 06.06.2024 against three named persons and 4 to 5 unknown persons, stating that all the accused persons assaulted the informant's sons Rohit Saroj and Neeraj Saroj, with sticks causing grievous injuries in the head of both of them and thereafter all of them escaped. Rohit Saroj died while he was being taken to a hospital in an ambulance and Neeraj Saroj was being treated in a hospital. One Shivam Saroj stated before the Investigating Officer that the applicant was also involved amongst the assailants. He stated that Rahul had assaulted on Rohit's head with a thick wooden stick. All other persons had assaulted with kicks and fists. 4. Co-accused persons Deepu alias Sandeep Kumar Saroj, Vijay @ Chikhuri, Anil Saroj and Golu alias Ritesh Saroj and Rohit Saroj have been granted bail by means of orders dated 10.01.2025, 05.02.2025, 05.03.2025 07.03.2025 & 20.03.2025 passed by this Court in Criminal Misc. Bail Application Nos. 244 of 2025, 11919 of 2024, 1866 of 2025, 1955 of 2025 and 2353 of 2025 respectively. 5. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement of an eyewitness, it has been alleged that the applicant was also involved in beating the deceased with kicks and fists whereas allegation of causing head injury has been levelled on an other co-accused person and five co-accused persons have already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 6. Accordingly, this bail application stands allowed. 7. Let the applicant- Monu @ Sachin be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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. 8. 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