Neutral Citation No. - 2025:AHC-LKO:42363 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2493 of 2025 Applicant :- Afzal Quraishi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Farooq Ayoob,Mansi Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Farooq Ayoob, learned counsel for the applicant and learned AGA for the State. 2. The present applicant is in jail since 07.12.2023, in case crime no. 1040 of 2023, under Sections 302 and 34 of IPC at Police Station Dewa District Barabanki. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned FIR, wherein, he has not been named. However, during the course of investigation, his complicity has allegedly been found, therefore, he has been implicated. One arm has been recovered on the joint recovery of the three accused persons including the present applicant. The present applicant has explained his criminal history of five cases in paragraph 31 of the bail application. Further attention has been drawn towards the bail order dated 04.07.2024 passed in Criminal Misc. Bail Application No. 5859 of 2024, whereby, Niyamat Rasool who was also not named in the FIR was granted bail. In the aforesaid bail order one fact has been considered that other co-accused person Arman @ Surman has been granted bail. Therefore, learned counsel for the applicant has stated that two accused Niyamat Rasool and Arman @ Surman have been granted bail, therefore, on the basis of principles of parity, the present applicant may be enlarged on bail. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 07.12.2023; similarly placed co- accused persons Niyamat Rasool and Arman @ Surman have been granted bail by this Court in Criminal Misc. Bail Application Nos. 5859 of 2024 and 2668 of 2024, respectively; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. The bail application is allowed. 8. Let the applicant- Afzal Quraishi, 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 of the Indian Penal Code/ 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 the 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 of the Indian Penal Code/ 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 the 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 23.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench