Neutral Citation No. - 2025:AHC-LKO:43468 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2632 of 2025 Applicant :- Nirbhay Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A.,Ramakar Shukla,Vijay Kumar Verma Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the parties. 2. Counter affidavit filed on behalf of the complainant is taken on record. 3. The present applicant is in jail since 17.09.2024, in case crime no. 315 of 2024, under Sections 191(2), 191(3), 190, 333, 115(2), 351(2), 324(4), 103, 117(4), 352, 131 of BNS at Police Station Gauriganj District Amethi. 4. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 5. Attention has been drawn towards the impugned First Information Report, wherein, general allegation of beating and assault has been attributed to 6 named accused persons and 10 unknown accused person. Though the present applicant is named in the First Information Report, but no specific role has been attributed to him. As per the prosecution story, the accused persons have fired upon the face of the mother of the complainant. On account of assault and beating, the complainant and his wife received injuries. While recording his statement under Section 161, the same story has been narrated to the effect that the accused persons have fired upon the face of the of his mother and the complainant and his wife received injuries. Before death of the mother of the complainant, she recorded her statement and has stated that she received injuries from farsa and lathi-danda. Therefore, Sri Verma has stated that the prosecution story as well as the statement recorded under Section 161 falsifies, wherein the fact has been indicated that all the accused persons have fired upon the face of the mother of the informant. Attention has been drawn towards the bail orders dated 07.07.2025 of this Court in Crl. Misc. Writ Petition Nos.2073/2025 and 268/2025 whereby co-accused Vimal Singh @ Vikas Vikram Singh and Vivek Singh @ Anand Vikram Singh have been granted bail, therefore, learned counsel for the applicant has submitted that the present applicant may be enlarged on bail on the basis of principle of pairity. 6. Learned counsel for the applicant has further submitted that the present applicant is having criminal history of two cases which have been explained in para- 31 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, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 7. Learned counsel for the informant has vehemently opposed the bail application by submitting that the present applicant and other co-accused are not cooperating in the trial proceeding and he is having criminal history of two cases. 8. 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 17.09.2024 only general allegations have been levelled against the applicant; co-accused Vimal Singh @ Vikas Vikram Singh and Vivek Singh @ Anand Vikram Singh have been granted bail, 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. 9. The bail application is allowed. 10. Let the applicant- Nirbhay Singh 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. (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. is issued and the applicants fail 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. 11. 11. Before parting with, learned trial court is directed to expedite the trial invoking the provisions of Section 309 Cr.P.C./346 B.N.S.S. without giving any unnecessary adjournment to any of the parties, fixing short date, if possible, on day to day basis and if any of the parties does not cooperate in the trial court proceedings properly, any appropriate coercive steps may be taken by the trial court strictly in accordance with law. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench