Neutral Citation No. - 2025:AHC:79669 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15477 of 2025 Applicant :- Madan Mohan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent and perused the material available on record. 2. The present bail application has been filed on behalf of the applicant for seeking enlargement on bail in Case Crime No.96 of 2025, under Sections 109(1), 352 BNS and Section 4/25 of Arms Act, Police Station Reoti, District Ballia. 3. Learned counsel for the applicant submitted that accused- applicant has falsely been implicated in the case, he is aged about 82 years and suffering from age related ailments, whereas informant is of 58 years of age. The accused-applicant is alleged to have caused injuries on injured Umakant Singh by a sickle. However, in injury report one incised wound in middle of parietal area of skull, three contusion on abdomen, hand and knee are shown in his injury report. In supplementary affidavit, supplementary medical report of the injured dated 22.03.2025 injuries are found simple in nature and other injuries are also found simple in nature. Therefore, it cannot be held that injuries were caused to the injured with intention to kill him. The only injury allegedly caused by sharp edged weapon has also been found simple. The applicant is held in jail custody since 13.03.2025 and he under takes to abide by the condition of bail, if he be released on bail. The applicant has no criminal history except being Case No.934 of 2006 arising out of Case Crime No.20 of 1998, under Sections 323, 504, 506 IPC, Police Station Revti, Ballia in which he has been acquitted vide order dated 28.02.2007 and the same has been disclosed in paragraph No.27 of bail application accompanying with affidavit. 4. Per contra, learned A.G.A. did not dispute the factual submissions made by learned counsel for the applicant and the fact the applicant is aged about 82 years. 5. Considering the entire facts and circumstances of the case as well as submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and the fact the accused applicant is aged about 82 years, without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant- Madan Mohan Singh, be released on bail in the aforesaid case crime number on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC. (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 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 IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad