Neutral Citation No. - 2025:AHC-LKO:37074 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 551 of 2025 Applicant :- Ravi Baheliya @ Ravi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Pramod Kumar, learned counsel for the applicant and Sri Arun Kumar Verma, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 31.10.2024 in F.I.R. No. 0222 of 2024, U/s 137(2), 70(2) of B.N.S. of 2023 & 5(G)6 of POCSO Act, 2012, P.S. Hathgawan, District Pratapgarh. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. wherein the present applicant is not named inasmuch as the allegation has been levelled against three accused persons namely Vidya Sagar Bhartiya, Seema and Dinesh and the co-accused Vidya Sagar Bhartiya has been granted bail by this Court dated 18.4.2025 vide Criminal Misc. Bail Application No. 3238 of 2025 ( Vidya Sagar Bhartiya vs. State of U.P.). 4. Learned counsel for the applicant has stated that as per the prosecution story the accused no. 1 Vidya Sagar Bhartiya @ Sagar had enticed away the informant's daughter when she had gone to attend the nature call outside the village and took her to the place of present applicant where both have committed rape with her. Though while recording her statement u/s 180 B.N.S.S. she did not alleged anything against the present applicant. However, in her statement u/s 183 B.N.S.S. she had stated that the present applicant and co-accused have committed misdeeds with her. When the specific question was put to her as to what is the misdeed (Bura Kaam) she could not reply the said question. The charge- sheet has been filed in this case. 5. Learned counsel for the applicant has further submitted that the co-accused person namely, Vidya Sagar Bhartiya, who has been assigned the similar role, has been enlarged on bail by this Court vide order dated 18.4.2025 in Criminal Misc. Bail Application No.3238 of 2025 (Vidya Sagar Bhariaya @ Sagar vs. State of U.P.). He also submits that since similar role has been assigned to the applicant and case of the applicant is in parity with the co- accused, therefore, the applicant is also entitled for bail on the principles of parity. He has further submitted that charge-sheet has already been filed, there is no apprehension of absconding or tampering the evidence or witnesses. 6. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 7. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that the co-accused person namely,Vidya Sagar Bhartiya, who has been assigned the similar role, has been enlarged on bail by this Court vide order dated 18.4.2025 in Criminal Misc. Bail Application No. 3238 of 2025, therefore, on the principle of parity the applicant is entitled to be released on bail in this case. 9. Bail application is allowed. 10. Let the applicant Ravi Baheliya @ Ravi, involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her 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 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 1.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench