Neutral Citation No. - 2025:AHC-LKO:13711 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1947 of 2025 Applicant :- Shashank Srivastva Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Indra Mani Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri I.M. Pandey, learned counsel for the applicant and Sri Ran Vijay Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Shashank Srivastva) is languishing in jail since 28.12.2024 in Case Crime No.202 of 2024, under Sections 111, 318 (4), 319 (2), 336 (3), 338, 339, 340(2) & 61 (2) of Bharatiya Nyaya Sanhita, 2023, Police Station-Indira Nagar, District-Lucknow. 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. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the present applicant is not named in the F.I.R.. Further attention has been drawn towards Annexure No.3 of the bail application which are the bail orders of the co-accused persons, who are named in the F.I.R.. 5. Therefore, learned counsel for the applicant has stated that since all the named accused persons have been granted bail by this Court vide order dated 25.10.2024 passed in Criminal Misc. Bail Application No.11484 of 2024; Aqib Khan vs. State of U.P., order dated 22.10.2024 passed in Criminal Misc. Bail Application No.10929 of 2024; Abdul Danish Khan vs. State of U.P., order dated 30.09.2024 passed in Criminal Misc. Bail Application No.10418 of 2024; Zunaid Khan vs. State of U.P., order dated 04.10.2024 passed in Criminal Misc. Bail Application No.10794 of 2024; Mohd. Usman @ Babu vs. State of U.P., order dated 22.10.2024 passed in Criminal Misc. Bail Application No.11124 of 2024; Mohd. Ibrahim vs. State of U.P. and order dated 22.10.2024 passed in Criminal Misc. Bail Application No.11153 of 2024; Abhishek Singh vs. State of U.P. (Annexure No.3), therefore, on the basis of principles of parity, the present applicant may also be released on bail. 6. Learned counsel for the applicant has explained the criminal history of the present applicant in para-10 of the bail application. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly. 7. 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 8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is not named in the F.I.R.; the co- accused persons have been granted bail by this Court as the bail orders thereof have been annexed as Annexure No.3, 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 on the basis of principles of parity, the present applicant may be enlarged on bail. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Shashank Srivastva) be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs.20,000/- 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 :- 6.3.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench