Neutral Citation No. - 2025:AHC-LKO:10236 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1413 of 2025 Applicant :- Naushad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Suresh Kumar Yadav, learned counsel for the applicant and Sri Ashok Kumar Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Naushad) is languishing in jail since 02.12.2024 in Case Crime No. 731 of 2024, under Sections 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Deva, District-Barabanki. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Learned counsel for the applicant has drawn attention of this Court towards the gang-chart (Annexure No.2 to the bail application), which indicates that there are eight cases shown in the gang-chart against the present applicant wherein the he has been granted bail by the learned court below as the bail orders thereof have been annexed as Annexure Nos. 3 to 10 to this bail application. The co-accused, Suraj Tiwari, has been granted bail by this Court vide order dated 13.01.2025 passed in Criminal Misc. Bail Application No.320 of 2025; Suraj Tiwari vs. State of U.P.., therefore, on the basis of principles of parity the present applicant may be enlarged on bail. It has also been submitted that the present applicant is not involved in any anti social activities and he has been falsely implicated in this case. He has undertaken on behalf of the applicant that he shall abide by the terms and conditions of bail order so imposed and shall co-operate with the trial proceedings properly and shall never misuse the liberty of bail, if he is granted bail. 5. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the co-accused, Suraj Tiwari, has been granted bail vide order dated 13.01.2025 (supra); in all the cases shown against the present applicant in the gang-chart, he has been granted bail (Annexure Nos.3 to 10) and the undertaking that the applicant 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 properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Naushad) 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 IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 17.2.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench