Neutral Citation No. - 2025:AHC-LKO:2300 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 323 of 2025 Applicant :- Ram Bhawan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. U.P. And Another Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Prem Prakash Singh, learned counsel for the applicant and Shri Virendra Kumar learned A.G.A. for the State. 2. In view of the proposed order, notice to opposite party No.2 is hereby dispensed with. 3. As per learned counsel for the applicant, the present applicant is in jail since 18.11.2024 in Case Crime No. 146 of 2017, under Sections 452, 323, 506, 376-D & 392 IPC, Police Station- Jalalpur, District- Ambedkarnagar. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. As per the FIR, the main allegation has been levelled against one Dinesh Nishad who has been granted bail by this Court vide order dated 10.12.2014 passed in Cr. Misc. Bail Application No. 3726 of 2018. The applicant has been attributed the role of the friend of main accused Dinesh Nishad. He is an old aged person of 70 years. Charge sheet has been filed against him. There is no previous criminal history of any kind whatsoever against the present applicant. 5. Learned counsel has further stated that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 6. Learned counsel for the applicant submits that identically placed co-accused namely Dinesh Nishad has already been enlarged on bail by this Court vide order dated 10.12.2014 passed in Cr. Misc. Bail Application No. 3726 of 2018. He submits that the applicant is also entitled to be released on bail on the ground of parity. 7. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the fact that identically placed co-accused has already been enlarged on bail. 8. 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 main allegation has been levelled against one Dinesh Nishad who has been granted bail by this Court vide order dated 10.12.2014 passed in Cr. Misc. Bail Application No. 3726 of 2018; the applicant has been attributed the role of the friend of main accused Dinesh Nishad; the applicant is an old aged person of 70 years; charge sheet has been filed against him and the 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. 9. Accordingly, the bail application is allowed. 10. Let the applicant- Ram Bhawan 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 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 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) The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan,J.) Order Date :- 13.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench