Neutral Citation No. - 2025:AHC-LKO:37360 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 531 of 2025 Applicant :- Pradeep Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.,Digvijay Mishra Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 04.10.2024 in Case Crime No.592 of 2024, under Sections 190, 191(2), 191(3), 103, 352, 3(5) of B.N.S. and Sections 3/5/9/25/27 of Arms Act, Police Station – Kotwali Nagar, District – Sultanpur. 3. 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. Attention has been drawn towards the impugned FIR wherein the present applicant is not named. Name of the applicant came into light in the confessional statement of co-accused Aakash Singh alias Badal, who is named in the FIR and has been granted bail by this Court vide order dated 13.06.2025 passed in Criminal Misc. Bail Application No.3182 of 2025. It is further submitted that other two co-accused persons, who are named in the FIR, namely, Pradeep Yadav alias Vikki Yadav and Mukesh Kumar Yadav have also been granted bail by this Court vide orders dated 11.06.2025 and 01.07.2025 passed in Criminal Misc. Bail Applications No.5174 of 2025 and 797 of 2025 respectively. Case of the present applicant is on better footing than that of aforesaid co-accused persons, therefore, on the basis of principles of parity, the present applicant may also be enlarged on bail. Further submission is that the present applicant is having no prior criminal history of any kind whatsoever. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 4. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the present applicant is not named in the FIR; prima facie, case of the present applicant is on better footing than that of aforesaid named co-accused persons, who have already been enlarged on bail by this Court; the applicant is having no prior criminal history and 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. 6. Accordingly, the bail application is allowed. 7. Let applicant- Pradeep Kumar Yadav 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 the 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 the 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 2.7.2025 /RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench