Neutral Citation No. - 2025:AHC-LKO:37045 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 797 of 2025 Applicant :- Mukesh Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.,Digvijay Mishra Hon'ble Rajesh Singh Chauhan,J. Heard Sri Ramakar Shukla, learned counsel for the applicant, Sri Anant Pratap Singh, learned AGA for the State and Sri Digvijay Mishra, learned counsel for the informant. The present applicant is in jail since 08.07.2024, in case crime no. 592 of 2024, under Sections 191(2), 191(3), 103, 352, 3(5) of BNS and Section 3/5/25/27 of the Arms Act at Police Station Kotwali Nagar District Sultanpur. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein, the specific allegation has been levelled against four named accused persons and one unknown accused person. Further, attention has been drawn towards the order dated 11.06.2025 and 13.06.2025 passed by this Court in Criminal Misc. Bail Application No. 5174 of 2025, Pradeep Yadav @ Vikki Yadav Vs. State of U.P. and Criminal Misc. Bail Application No. 3182 of 2025, Aakash Singh @ Badal Vs. State of U.P. whereby, this Court granted bail to two co- accused persons. Sri Ramakar Shukla has stated that basically the allegation against the present applicant and and those two co-accused persons who have been granted bail are similar in nature. The role of the two co-accused persons who have been granted bail has been attributed of extortion, whereas the similar role has been attributed to the present applicant. The present applicant is said to have fired upon the victim, but that fire got missed. Learned counsel for the applicant has submitted that the ante-mortem injury do not corroborate with the prosecution story. The chargesheet has been filed, therefore, there is no possibility of tampering of any evidence. Further, the applicant is having no prior criminal history of any kind whatsoever, therefore, on the basis of principles of parity, the present applicant may be enlarged on bail. The learned counsel has further submitted that if the applicant is released on bail, he shall 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. Learned AGA as well as the learned counsel for the informant have vehemently opposed the bail application by submitting that on the pointing out of the present applicant, one country made pistol of .315 bore has been recovered. 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 present applicant is languishing in jail since 08.07.2024; this Court granted bail to two co-accused persons having similar role in Criminal Misc. Bail Application No. 5174 of 2025, Pradeep Yadav @ Vikki Yadav Vs. State of U.P. and Criminal Misc. Bail Application No. 3182 of 2025, Aakash Singh @ Badal Vs. State of U.P.; 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. The bail application is allowed. Let the applicant- Mukesh 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 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 applicants fail 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) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. Order Date :- 1.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench