Neutral Citation No. - 2025:AHC-LKO:2876 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13225 of 2024 Applicant :- Om Shankar Kaushal Opposite Party :- State Of U.P. Through Principal Sec. Home Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Vivek Kumar Shukla, learned counsel for the applicant and the learned AGA for the State. The present applicant is in jail since 02.09.2021, in case crime no. 702 of 2023, under Sections 409, 420 and 120-B of IPC at Police Station Gomti Nagar District Lucknow. The learned counsel for the applicant has pressed this bail application mainly on the ground that the present applicant is aged about 81 years and is in jail for the last three years and four months. On account of old aged person, he is suffering from age related ailments. A similar nature of 41 FIRs have been lodged against him, the details thereof has been indicated in paragraph 14 of the bail application and out of 41 cases, he has been granted bail in 40 cases. To the best of the knowledge of the applicant, the present case is the only case, wherein, he has not been enlarged on bail. The applicant undertakes that if he is released on bail, he shall abide by the terms and conditions of the bail order and shall not misuse the liberty of bail. Further, if he is released on bail, he would be able to get himself treated properly otherwise, in given condition, he may lose his life. The accused/detenu is also having fundamental right of life. In such ailing condition and being an old aged person, he would not be able to influence any witnesses or evidence, therefore, he may be enlarged on bail. Learned AGA for the State has opposed the aforesaid 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 02.09.2021 and three years and four months period has been passed; the present applicant is aged about 81 years and suffering from ailing conditions; 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- Om Shankar Kaushal, 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 made clear that the present applicant has been granted bail on the condition that he is an old aged ailing person, therefore, the other co-accused persons may not seek parity with the applicant. Order Date :- 16.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench