Neutral Citation No. - 2025:AHC:38567 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45800 of 2024 Applicant :- Umar Mohammad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav,Vikrant Gupta Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record. Supplementary affidavit filed today is taken on record. By means of this application, the applicants, Umar Mohammad and Mohammad Naseem, who are involved in Case Crime No. 198 of 2024, under Sections 318 (4), 338, 336 (3), 340 (2) of the Bharatiya Nyaya Sanhita, 2023, Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 (1) (d) Prevention of Cruelty to Animals Act, Police Station Jahanganj, District Farrukhabad. Applicant no. 1 is in jail since 10.10.2024 and applicant no. 2 is in jail since 12.10.2024 are seeking enlargement on bail during the trial. It is submitted by learned counsel for the applicants that similarly placed co-accused, Kaushar Ali @ Koshar, has already been enlarged on bail by this Court by order dated 22.1.2025 passed in Criminal Misc. Bail Application No. 43557 of 2024. He has further submitted that since the role of the applicants are identical to that of co-accused, Kaushar Ali @ Koshar, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of co-accuseds. Learned A.G.A has pointed out that applicant has criminal history of four cases apart from present case. Counsel for the applicant has rejoined and submitted that the implication in the four cases were made simultaneously along with the present case. The prayer for bail has vehemently been opposed by learned A.G.A. Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity. In view of the above, let the applicants be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :- (i) The applicants shall not tamper with the evidence or threaten the witnesses. (ii) The applicants shall file an undertaking to the effect that they 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. (iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code. (iv) In case the applicants misuse the liberty of bail during trial and in order to secure their 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 them in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicants 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 applicants are 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 them in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 18.3.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad