Neutral Citation No. - 2025:AHC-LKO:40666 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2769 of 2025 Applicant :- Sachin Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dileep Kumar Tiwari,Md.Khurshed Ahmad Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Dileep Kumar Tiwari, learned counsel for the applicant and Sri Vishwas Sarashwat, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 23.10.2024 in Case Crime No. 269 of 2024, under Sections 191(2), 191(3), 190, 103(1), 61(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as the "BNS") and Section 3/25/27 of Arms Act, Police Station- Baldirai, District- Sultanpur. 3. Learned counsel for the applicant has stated that the present applicant 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 toward the impugned FIR wherein the general allegation of firing has been attributed to all five accused persons. The present applicant is not named in the impugned FIR. After investigation and on the basis of Mazeed Bayaad of the complainant, the police has arrested the present applicant. However, the recovery of country made pistol and two cartage has been shown to co-accused Shubham Yadav, who has been granted bail on 14.05.2025 in Criminal Misc Bail Application No. 3784/2025. Learned counsel for the applicant further stated that another three co-accused persons, namely, Arjun Yadav, Atul Yadav and Lucky Yadav have already been granted bail vide orders dated 04.02.2025, 28.02.2025 & 20.03.2025 in Criminal Misc. Bail Application No.s. 35/2025, 1653/2025 and 2224/2025. Learned counsel for the applicant has stated that allegation against the present applicant is similar to those co-accused persons, therefore, the present applicant may be enlarged on bail on the basis of principles of pairity. 5. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. 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. 6. Learned AGA has opposed the aforesaid bail by submitting that a pistol has been recovered from an open place from amongst some bushes on the pointing out of the applicant and co-accused Aniket Tiwari. He further submitted that allegations have been established during investigation and a charge sheet has been submitted on 06.01.2025. 7. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R. and other material available on record, the fact that no specific role has been attributed to the present applicant, applicant is not named in the impugned FIR and the undertaking of the present applicant that he shall co-operate in the trial proceedings properly, I am of the view that the present applicant may be released on bail. 8. Accordingly, the bail application is allowed. 9. Let the present applicant Sachin Yadav 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 IPC/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 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 IPC/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 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. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 16.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench