Neutral Citation No. - 2025:AHC-LKO:2209 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 199 of 2025 Applicant :- Lalla @ Afjaal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rajiv Raman Srivastava, learned counsel for the applicant and Sri Ravi Srivastava, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Lalla @ Afjaal) is languishing in jail since 28.11.2024 in Case Crime No.237 of 2024, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station-Behta Gokul, District- Hardoi. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Learned counsel for the applicant has drawn attention of this Court towards the impugned First Information Report (in short F.I.R.) wherein the applicant is not named. Nothing incriminating has been recovered from possession of the present applicant. As a matter of fact, he has been falsely implicated in this case. 5. Learned counsel for the applicant has stated that in para-20 of the bail application he has shown the criminal history of one more case, except this case, against the present applicant bearing Case Crime No.425 of 2019, under Sections 3/5A/8 of Prevention of Cow Slaughter Act, Police Station-Faridpur, District-Bareilly wherein the present applicant has been granted bail by the learned court below (Annexure No.7). The co- accused, Fahmuddin, has been granted bail by this Court vide order dated 11.11.2024 passed in Criminal Misc. Bail Application No.11771 of 2024; Fahmuddin vs. State of U.P.. Therefore, on the basis of principles of parity, the present applicant may also be released on bail. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the investigation/ trial proceedings properly. 6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant. 7. Heaving heard learned counsel for the parties and having perused the material available on record; considering the fact that nothing incriminating has been recovered from possession of the present applicant; the criminal history shown against the present applicant, he has been granted bail by the learned court below (Annexure No.7); the fact that the co-accused, Fahmuddin, has been granted bail by this Court vide order dated 11.11.2024 (supra); undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate with the investigation/ trial proceedings and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Lalla @ Afjaal) 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 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 is issued and the 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 208 of the B.N.S., 2023. (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 351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 13.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench