Neutral Citation No. - 2025:AHC-LKO:13775 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2043 of 2025 Applicant :- Mukesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Arun Singh Somvanshi, learned counsel for the applicant and Sri Om Prakash, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 02.10.2024 in Case Crime No.418 of 2024, under Sections 105, 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station- Eshanagar, District- Lakhimpur Kheri. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards impugned FIR, wherein the allegation of beating and assault has been attributed to all four accused persons including the present applicant. No specific role has been attributed to the present applicant. Learned counsel for the applicant has stated that even if the prosecution story is taken on its face value, it is a case of free fight between the parties without any motive or intention. The weapon, which was allegedly used in committing crime i.e. stick has been recovered from the possession of the co-accused Paikarma and Dinesh and nothing incriminating has been recovered from the possession of the present applicant. The present applicant is a young person of 19 years and is having no prior criminal history of any kind whatsoever. He has been implicated only for the reasons that his father Paikarma and his brother Dinesh have been implicated. The mother of the present applicant, namely, Parana, was also implicated, who has been granted bail by this Court vide order dated 20.02.2025 in Criminal Misc. Bail Application No. 13017 of 2024. So far as, the allegation and recovery part is concerned, the case of the present applicant is identical with his mother- Parana, who has been granted bail, therefore, on the basis of principles of pairity, he may be enlarged on bail. Charge-sheet has been filed. 4. 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. 5. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant but did not dispute the contention made by the 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 weapon, which was allegedly used in committing crime i.e. stick has been recovered from the possession of the co- accused Paikarma and Dinesh and nothing incriminating has been recovered from the possession of the present applicant, the present applicant is a young person of 19 years, is having no prior criminal history of any kind whatsoever ;the co-accuse- Parana has been granted bail by this Court vide order dated 20.02.2025 in Criminal Misc. Bail Application No. 13017 of 2024 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. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Mukesh), 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. Order Date :- 6.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench