Neutral Citation No. - 2025:AHC-LKO:13899 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11372 of 2024 Applicant :- Rajjan Sai Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Farooq Ayoob,Jyoti Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Mansi Gupta, learned counsel for the applicant and Sri Ranvijay Singh learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 08.08.2024 in Case Crime No.486 of 2024, under Sections 376(2)(L), 313 I.P.C., Police Station- Ram Nagar, District- Barabanki. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. At very outset, learned counsel for the applicant has stated that applicant is presently old aged person of 85 years and at the time of alleged incident he was aged about 84 years. He is a sole accused in the FIR. The present applicant is not medically fit to commit the offence. The medical examination report does not corroborate the allegation. The victim/prosecutrix is mentally retired person and when specific question asked from her by the doctor about the incident, she did not apprise anything so the doctor has opined that the victim is mentally retired and she could not apprise about the incident. Even otherwise the D.N.A. examination of the cloth of the applicant and prosecutrix was conducted wherein nothing incriminating has been found against the present applicant. The present applicant is having no prior criminal history of any kind whatsoever. 4. 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. 5. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that the allegation against the present applicant is serious. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is presently old aged person of 85 years and at the time of alleged incident he was aged about 84 years, he is a sole accused in the FIR, the present applicant is not medically fit to commit the offence; the medical examination report does not corroborate the allegation; the victim/prosecutrix is mentally retired person and when specific question asked from her by the doctor about the incident, she did not apprise anything so the doctor has opined that the victim is mentally retired and she could not apprise about the incident. Even otherwise the D.N.A. examination of the cloth of the applicant and prosecutrix was conducted wherein nothing incriminating has been found against the present applicant; the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Rajjan Sai), 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 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 of the Indian Penal Code. (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.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, in accordance with law, under Section 174-A of the Indian Penal Code. (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. 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. (v) The applicant shall not leave the country without permission of the Court concerned. Order Date :- 6.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench