Neutral Citation No. - 2025:AHC-LKO:3428 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 403 of 2025 Applicant :- Susheel Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail in Case Crime No. 0083 of 2024 under sections- 34, 316, 323, 504 and 506 of IPC P.S.- Pachdevara District -Hardoi. The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that the identically situated co-accused namely, Varun Kumar has already been enlarged on bail in Criminal Misc. Bail Application No. 13193 of 2024 vide order dated 20.12.2024 and the applicants is seeking parity of the aforesaid order. He next added that the applicants are law abiding citizens and there is no previous criminal history of the applicants as is mentioned in paragraph no. 26 of the affidavit filed in support of the bail application and they are languishing in jail since 11.12.2024 and they undertake that in case, they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicants were involved in committing offence and as such, they are not entitled for any relief, but he could not dispute the fact the identically situated co-accused has already been enlarged on bail. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicants are languishing in jail since 11.12.2024; the identically situated co- accused namely, Varun Kumar has already been enlarged on bail in Criminal Misc. Bail Application No. 13193 of 2024 vide order dated 20.12.2024 and the applicants are seeking parity of the aforesaid order; the applicant have no previous criminal history as is mentioned in paragraph no. 26 of the affidavit filed in support of the bail application coupled with the fact that the applicants have undertaken that in case, they are granted bail, they will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicants- Susheel Kumar and Arun Kumar involved in the aforementioned crime be released on bail, on their furnishing personal bonds and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file undertakings to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsels. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) 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.; and (4) 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, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 20.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench