Neutral Citation No. - 2025:AHC-LKO:4760 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11520 of 2024 Applicant :- Satyendra Singh @ Vinam Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Indu Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Indu Prakash Singh, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 03.09.2024, in FIR/ Case Crime No. 410 of 2024, under Sections 123, 70(1), 115(2) BNS, Police Station- Chinhat, District- Lucknow. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR which was lodged on 01.09.2024 for the alleged incident that took place on 28.08.2024 without explaining the delay. The allegation has been levelled against three accused persons including the present applicant. The name of the present applicant is Satyendra Singh but his name has been indicated as Vinam Singh. 4. Learned counsel for the applicant has stated that the applicant has no prior criminal history of any kind whatsoever. The applicant is the only son of his father and his father is critically ill. His father has already been subjected to open heart surgery at S.G.P.G.I., Lucknow. Presently the condition of the father of the applicant is serious, therefore, he has been admitted in the Medanta Hospital, Lucknow. It is further stated that there is no one in the family of the applicant to look after his father, therefore, he may be granted bail so that he may look after his ailing father. All the medical prescriptions have been enclosed with the supplementary affidavit filed on 01.08.2025. Learned counsel for the applicant has shown some photographs which have been enclosed with the bail application to show that the victim was present with the co-accused Vipin as she was in relation with the co-accused Vipin. Some extracts of WhatsApp chatting have also been enclosed with the bail application. Learned counsel for the applicant has stated that charge sheet has been filed in the case. 5. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 6. Learned A.G.A. has, however, opposed the prayer for bail by submitting that as per the material available on record, the present applicant is also involved in the offence in question but so far as his another ground that his father his ailing and he has to look after his father, he has nothing to say. 7. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the applicant is the only son of his father and his father is critically ill; his father has already been subjected to open heart surgery at S.G.P.G.I., Lucknow; at present he is admitted in the Medanta Hospital, Lucknow; there is no one in the family of the applicant to look after his father; the victim was in relation with the co-accused Vipin; charge sheet has been filed in the case; the applicant has no prior criminal history of any kind whatsoever and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Satyendra Singh @ Vinam Singh be released on bail in the aforesaid case crime number 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:- (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. 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 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 India without previous permission of the court. (Rajesh Singh Chauhan,J.) Order Date :- 23.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench