Neutral Citation No. - 2025:AHC-LKO:13472 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2000 of 2025 Applicant :- Saurabh Kumar @ Sajjan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Ashish Mshra,Hari Kant Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Ashish Mishra, learned counsel for the applicant and Sri Ranvijay Singh learned A.G.A. for the State. 3. As per learned counsel for the applicant, the present applicant is languishing in jail since 27.03.2023 in Case Crime No.123 of 2023, under Sections 341, 147, 148, 149, 307, 302, 506, 120-B IPC, Police Station- Majhila, District- Hardoi. He 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 impugned FIR wherein the allegation levelled against nine accused persons but neither any allegation has been levelled against the present applicant nor he has been named in such FIR. During investigation, he has been implicated only on the allegation that he was doing reiki to apprise the accused persons about the location of the deceased. Learned counsel has stated that the aforesaid allegation is wrong inasmuch as, he was not doing reiki but on account of local rivalry at village level, the present applicant has been implicated. The present applicant has explained one minor criminal history in his supplementary affidavit. Charge-sheet has been filed. Further, attention has been drawn towards the order dated 21.10.2025 passed by this Court granting bail to the named accused Virendra Singh @ Bade Singh, in Criminal Misc. Bail Application No. 1641 of 2025. 5. Considering the aforesaid bail application of co-accused Virendra Singh @ Bade Singh, this Court noticed that despite the specific direction being issued by this Court while rejecting the first bail application of named accused Virendra Singh @ Bade on 26.10.2023 to expedite the trial within a period of one year, learned trial court did not take appropriate steps to conclude the trial within time so stipulated and only one prosecution witness was examined since 26.10.2023, the order being passed in the first bail application of the co-accsed Virendra Singh @ Bade Singh this Court has shown its anguish on the learned trial court to the effect that if, PW-1 was not coming to the court to record his evidence, other prosecution witness could have been called but no such efforts have been taken by the learned trial court, therefore, as per the order 21.02.2025, the direction was issued to the Registry to place the bail order before the Hon'ble Administrative Judge, Hardoi for information and necessary order. 6. Learned counsel for the applicant has therefore submitted that since the named accused Virendra Singh @ Bade Singh has been granted bail by this Court on 21.02.2025, then the present applicant may also be granted bail on the basis of the principles of pairity, keeping in a view that the case of the present applicant is on better footing than the case of named accused persons Virendra Singh @ Bade Singh. 7. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 8. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that the applicant was doing reiki about the location of the deceased, however, he is not named in the FIR. 9. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that neither any allegation has been levelled against the present applicant nor he has been named in such FIR; during investigation, he has been implicated only on the allegation that he was doing reiki to apprise the accused persons about the location of the deceased; the applicant has explained one minor criminal history in his supplementary affidavit. Charge-sheet has been filed; 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. 10. Accordingly, the instant bail application is allowed. 11. Let the applicant (Saurabh Kumar @ Sajjan), involved in aforesaid case crime 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 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.may be issued and if 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. (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) The applicant shall not leave the country without permission of the Court concerned. 12. Before parting with, the learned trial court is directed to expedite the trial taking recourse of Section 309 Cr.P.C. for examining the prosecution witnesses fixing short dates, if possible on day today basis, without giving any unnecessary adjournment to any of the parties. Order Date :- 5.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench