Neutral Citation No. - 2025:AHC-LKO:7571 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1145 of 2025 Applicant :- Deepak Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. It is alleged in the prosecution case that the applicant in connivance with the co-accused persons by hatching a criminal conspiracy under the guise of executing a gift deed by the informant Jokhu in favour of his daughter, the applicant actually got transferred land of 10 biswa and 1210 square meter in favour of Mayavati and Ram Dheeraj. Learned counsel for the applicant submits that co-accused namely Rajesh jaiswal and Hidayat Ali have been granted bail by this Court vide orders dated 25.7.2024 and 11.12.2024 passed in CRIMINAL MISC. BAIL APPLICATION No.8028 of 202 and CRIMINAL MISC. BAIL APPLICATION No. 12800 of 2024, who were the marginal witness. The applicant is also the marginal witness. He seeks parity with the bail order of co-accused persons. He further submits that the offences are triable by Magistrate. The applicant is languishing in jail since 5.1.2025 without having any criminal antecedent. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. On due consideration to the facts that the offences are triable by magistrate, the applicant is languishing in jail since 29.06.2024, the applicant seeks parity with the co-accused persons, named above, the applicant has no criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant, Deepak, involved in Case Crime/FIR No. 030/2024, under Sections 420/467/468/471/120-B/504/506 IPC, Police Station - Harraiya, District - Balrampur, be released on bail 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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. (vi) 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. Order Date :- 6.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench