Neutral Citation No. - 2025:AHC-LKO:17576 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2610 of 2025 Applicant :- Pappu @ Farook Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Wasim Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Wasim Ahmad, learned counsel for the applicant and Sri Satendra Srivastava, learned A.G.A. for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 209 of 2024, under Sections 376D, 323, 506 IPC & Section 3, 5(1) of U.P. Prohibition of Religious Conversion Act, Police Station- Maanpur, District- Sitapur. 3. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant under Section 173(4) BNSS was moved by the alleged victim herself and the applicant is not named therein. He further submits that the main role is assigned to one co- accused Maruf @ Samir and thus, the role of the applicant is distinguishable from the role of the said co-accused. He next submits that the story of the prosecution is improved vide statements of the victim under Sections 180 and 183 BNSS and allegation of rape has also been levelled against the applicant, though the medical evidence did not corroborate the same. He further submits that the applicant has no previous criminal history and he is languishing in jail since 01.03.2025. He further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would co-operate in the trial proceedings. 4. Learned counsel for the applicant further submits that the co- accused namely Shahbaj @ Sahban has been granted bail by means of order dated 07.02.2025 passed by a Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 1209 of 2025 (Shahbaj @ Shahban Vs. Stte of U. P.). He submits that the applicant is also entitled to be released on bail on the ground of principles of parity. 5. Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the applicant was involved in committing the aforesaid offence and thus, he is not entitled for any relief. 6. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 01.03.2025; the main role is assigned to one co-accused Maruf @ Samir and thus, the role of the applicant is distinguishable from the role of the said co- accused; co-accused namely Shahbaj @ Sahban has been granted bail by a Co-ordinate Bench of this Court; there is no previous criminal history of the applicant coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would co-operate in the trial proceedings. 7. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 8. Let the accused/applicant- Pappu @ Farook involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. 9. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 10. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 27.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench