Neutral Citation No. - 2025:AHC-LKO:12545 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9925 of 2024 Applicant :- Siyaram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Anubhav Awasthi,Anand Mishra,Rajeev Mishra,Utkarsh Misra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant Second Bail Application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.302 of 2022, under sections 307/504/506 of the I.P.C., Police Station-Dariyabad, District-Barabanki. On 17-02-2205, the following order was passed :- "Supplementary Affidavit filed on behalf of the applicant is taken on record. Learned counsel for the applicant has placed before this court; the copy of letter dated 03-08-2024 written by Superintendent, District Jail, Barabanki to the Additional Sessions Judge,Court No.1, district-Barabanki. From perusal of the same, it is apparent that the applicant is suffering with Cerebral Vascular Accident with left Emiparesis. It is also mentioned in the letter that the applicant is not able to do his routine work. In view of the aforesaid, learned A.G.A. is directed to seek instructions particularly, about the aforesaid submissions of the learned counsel for the applicant. List/put up this matter on 21-02-2025 within top ten cases of the list." Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the instant matter due to ulterior motive. He added that the applicant is suffering with CVA (Cerebral Vascular Accident) with left emiparesis and even he is not able to do his routine work. In this regard, the report of the Superintendent, District Jail, Barabanki dated 03- 08-2024 is also placed by the learned counsel for the State before this court, which is taken on record and that shall be the part of the record. It is apparent from the report of the Superintendent, District Jail, Barabanki that that the applicant is severely suffering with Cerebral Vascular Accident and he is not able to do his routine work. The statement of the injured appended at page no. 7 (Annexure No. 1) alongwith Supplementary Affidavit is apparent that there was no enmity with the applicant and this is one of the new fact after the first bail application of the applicant is decided by the coordinate Bench of this court. Considering the all over facts and circumstances and also considering particularly, the worst physical condition of the applicant as he is suffering with Cerebral Vascular Accident and while going through the report of the Superintendent, District Jail, Barabanki dated 03- 08-2024, this court finds it to be a fit case for grant of bail. Let the applicant-Siyaram, involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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 applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 3.3.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench