Neutral Citation No. - 2025:AHC-LKO:7169 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12705 of 2024 Applicant :- Rishabh Singh Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saurabh Tripathi,Shakti Kumar Mishra,Vivek Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Vivek Kumar Rai, learned counsel for the applicant and Sri Ranvijay Singh, learned AGA for the State. The present applicant is in jail since 06.09.2024, in case crime no. 377 of 2024, under Sections 105, 127(2), 74, 309(4) of BNS at Police Station Ghazipur District Lucknow. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which has been lodged on 04.09.2024 for the alleged incident dated 29.08.2024, without explaining the delay. The learned counsel for the applicant has stated that without conducting the post mortem of the deceased, the charge-sheet has been filed under Section 105 and other Sections and in the charge-sheet, it has been indicated that it has not been established as to how the deceased died, whether he died on account of his serious ailment or on account of putting out mask by the applicant and the co-accused. The learned counsel has stated that it is a prosecution story that the family members of the deceased could not make payment of total fare of the ambulance, therefore, they called Government Ambulance, through that Government Ambulance, they reached to the Government Hospital, where the deceased died. The learned counsel for the applicant has further submitted that the story of molestation with the wife of the deceased when they were traveling in the ambulance is improbable, inasmuch as at that point of time, the real brother of the prosecutrix was with her in the ambulance. Further, the condition of the deceased was very serious and because of being heavy drunkard, he was suffering from liver cirrhosis, so he died on account of ailment in the Government Hospital and the allegation so levelled against the present applicant that the oxygen mask has been pulled out by the applicant and the patient was dropped on the road in an abandoned condition is wrong, inasmuch as the family members of the patient had brought the patient to the Government Hospital, through Government Ambulance. Further the present applicant is having no prior criminal history of any kind whatsoever. He is a poor person and on account of poverty he is doing the job of Cleaner of Ambulance. The charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate 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. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 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 present applicant is languishing in jail since 06.09.2024; and 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. The bail application is allowed. Let the applicant- Rishabh 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 applicants fail 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) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. Order Date :- 4.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench