Neutral Citation No. - 2025:AHC-LKO:10411 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1463 of 2025 Applicant :- Shyam Bihari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Uma Kant,Shrayansh Verma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Uma Kant, learned counsel for the applicants and Sri Nikhil Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicants, the present applicants (Shyam Bihari and Balram) languishing in jail since 13.10.2024 in Case Crime No.0434 of 2024, under Sections 108 & 238 of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station-Laharpur, District- Sitapur. They have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards impugned FIR which was lodged on 12.10.2024 for the alleged incident dated 05.10.2024 without explaining the aforesaid inordinate delay. 4. As per allegation of the F.I.R., co-accused Anurag was compelling the daughter of the informant to get married with him but his daughter was not agreeable on that. So the co- accused Anurag was threatening her for dire consequences and had told her that he is having some obscene video of her and he will circulate the same. On account of aforesaid behaviour of co-accused Anurag, the deceased committed suicide. The applicant No.1 is a father of Anurag and applicant No.2 is a brother of Anurag, who allegedly concealed the dead body of the deceased which was found after five days in a distorted condition, therefore, the allegation against the present applicants is not relating to Section 108 B.N.S. but relating to Section 238 B.N.S.. 5. Learned counsel for the applicant has drawn attention of this Court towards Annexure No.7 which is a bail order dated 29.01.2025 passed in favour of co-accused Anurag, in Criminal Misc. Bail Application No.798/2025. Therefore, the present applicants may be enlarge on bail on the basis of principles of pairity. The present applicants are having no prior criminal history of any kind whatsoever. Charge-sheet has been filed. He has undertaken on behalf of the present applicants that the applicants shall not misuse the liberty of bail, if so granted by this Court, and they shall cooperate in the trial proceedings properly. 6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicants by submitting that the allegation against the present applicants are serious as they concealed the dead body of the deceased. since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the co-accused Anurag has been granted bail by this Court; the present applicant is having no prior criminal history of any kind whatsoever; 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 he 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. 8. Accordingly, the instant bail application is allowed. 9. Let the applicants (Shyam Bihari and Balram) be released on bail in the aforesaid case crime number on their furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls them to appear and if the charge-sheet is filed against them they shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 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 them, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicants 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 applicants 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 them in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 18.2.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench