HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5098 of 2023 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 12.11.2019 at about 6.40 pm, the informant as well as his brother and his cousins were attacked by the applicant and the co-accused. The main role of firing is assigned to the applicant and the co-accused Saurabh Tiwari. The eye-witness has stated that five accused persons have come and caused the firearm injuries to the deceased. The role of exhortation is assigned to the other three accused persons. Learned counsel for the applicant submits that the role assigned to the applicant is akin to that of the co-accused Subham Tiwari who has already been granted bail by a coordinate bench of this Court vide order dated 14.7.2025 passed in Criminal Misc. Bail Application No. 7941 of 2024. Hence, the present applicant claims parity. It is further submitted that the applicant has explained his criminal history in para no. 37 of the bail application and he is languishing in jail since 16.11.2019. Eight prosecution witnesses out of 14 have been examined so far. The trial is not likely to be concluded in the near future. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he Versus Counsel for Applicant(s) : Siddhartha Sinha, Arun Sinha, Prakhar Kankan, Ram Chandra Singh Counsel for Opposite Party(s) : G.A., R.B.S. Rathaur Chandra Shekhar Kesharwani .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home .....Opposite Party(s) shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant. On due consideration to the submissions advanced, perusal of the record, the bail order of the co-accused Subham Tiwari so also the fact that the applicant has duly explained the criminal history; he is languishing in jail for more than 5 years and 8 months i.e., since 16.11.2019; Eight prosecution witnesses out of 14 have been examined so far; the trial is not likely to be concluded in the near future; there appears to be no chance of tampering the prosecution evidence and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Chandra Shekhar Kesharwani involved in Case Crime No. 444 of 2019, under Sections 147, 323, 504, 506, 386, 302 IPC & Section 7 of Criminal Law Amendment Act, Police Station- Gauriganj, District- Amethi, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. BAIL No. 5098 of 2023 2 (v) 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. August 29, 2025 Shravan BAIL No. 5098 of 2023 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench