Neutral Citation No. - 2025:AHC-LKO:7847 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12818 of 2023 Applicant :- Ram Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Om Prakash Singh 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 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. 261 of 2020, under sections 5/25 of the Arms Act, Police Station-Pisawan,District-Sitapur. On 12-12-2024, the following order was passed :- "A case criminal history bearing Case Crime No. 131 of 2007 has not been explained by the learned counsel for the applicant as is pointed out by the learned AGA for the State. The Jailer concerned is directed to submit a report with regard to the physical condition of the applicant by the next date. List/put up this matter in the next week. OfÏce shall communicate this order to the Jailer concerned. In the meantime, learned counsel for the applicant may explain the same." Vide the aforesaid order, the Jailor concerned was directed to submit a report with regard to the physical condition of the applicant and in compliance thereof, the report of the Medical OfÏcer, District Jail, Sitapur dated 19-12-2024 has been submitted. As per the report, the opinion of the doctor is reproduced as under :- "Above-mentioned undertrial prisoner is a known case of Dense hemiplegia left (complete loss of power in left half of body) with hypertension with type two diabetes mellitus. Due to loss of power in left half of body he can only performed his daily routine with great difÏculty. Due to multiple diseases and disability he lost his interest in life which further makes his treatment difÏcult. Disease with which he is suffering from has no definite treatment hence prognosis (future outcome of disease) is not good." From perusal of the aforesaid medical opinion, it transpires that the applicant is suffering with Dense Hemiplegia left i.e. complete loss of power in left half of body and is also suffering with multiple diseases and he performs his daily routine with great difÏculty. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He also submits that the applicant is languishing in jail since 03-08-2020 and even after passing of period of more than four and half years, the trial has still not been concluded. He next added that there is material doubt in the prosecution story and no cogent piece of evidence is collected by the Investigating OfÏcer and the chargesheet has been filed in a superfluous manner. He submits that the applicant has explained 12 cases criminal history in the bail application as well as in the Supplementary AfÏdavit and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Learned counsel for the applicant has also placed reliance on the Judgments of the Hon'ble Apex Court rendered in the cases of Manish Sisodia vs Directorate of Enforcement in SLP (Criminal) No. 8781 of 2024 decided on 9 August, 2024 and Union of India Vs. K.A. Najeeb (2021(3) SCC 713) and submits that the case of the present applicant is squarely covered with the ratio of Judgments abovesaid. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is suffering with Dense Hemiplegia alongwith other several diseases and the opinion of the doctor is that it is hard for him to perform the daily routine work. Further the applicant is languishing in jail since 03- 08-2020 and the trial has still not been concluded; the applicant has explained the criminal history coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Ram Shankar 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 sufÏcient 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 :- 6.2.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench