Neutral Citation No. - 2025:AHC:72861 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41477 of 2024 Applicant :- Ghanshyam Gaur @ Ghanshyam Gond Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Pandey,Shashi Kant Shukla Counsel for Opposite Party :- G.A.,Rohit Pandey Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 365 of 2024, under Sections 318 (4), 336 (3), 338, 340 (2), 61 (2) of BNS, Police Station-Kalyanpur, District-Kanpur Nagar. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He was not named in the F.I.R. and has been falsely implicated in this case. The name of applicant has been disclosed in the second statement of co- accused Shiv Kumar Srivastava. In the said statement also a vague role has been assigned to the applicant. No credible evidence is available against the applicant to connect him with the alleged offence. It is further submitted that similarly placed co-accused Manish Tripathi, has already been granted bail by the co-ordinate Bench of this Court vide order dated 03.12.2024 passed in Criminal Misc. Bail Application No.40840 of 2024 and therefore, the applicant is also entitled to be released on bail on the ground of parity. It is also submitted that several other co-accused persons namely Prakash Saxena, Saurabh Sharma, Ashish Rai, Shiv Kumar Srivastava and Ram Bujharat have already been granted bail by the co-ordinate Bench of this Court vide orders dated 25.10.2024, 05.11.2024, 26.11.2024, 03.12.2024 and 10.12.2024 respectively, copies of which are appended as Annexure No. RA-1 to the rejoinder affidavit dated 16.03.2025. The applicant is languishing in jail since 18.08.2024. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State as well as learned counsel for the complainant have vehemently opposed the instant bail application but they could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard Sri Shashi Kant Shukla, learned counsel for the applicant, Sri Rohit Pandey, learned counsel for the complainant and Sri S. K. Rai, learned AGA and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Manish Tripathi has already been granted bail by the co-ordinate Bench of this Court and also several other co-accused persons namely Prakash Saxena, Saurabh Sharma, Ashish Rai, Shiv Kumar Srivastava and Ram Bujharat have already been granted bail by the co-ordinate Bench of this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant -Ghanshyam Gaur @ Ghanshyam Gond, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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 not tamper with the evidence. (ii) 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./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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 :- 6.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad