Neutral Citation No. - 2025:AHC-LKO:43503 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3384 of 2025 Applicant :- Vivek Kumar @ Vivek Kori Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Prashant Vikram Singh,Karunesh Singh,Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the parties. 2. Learned counsel for the applicant has filed rejoinder affidavit, same is taken on record. 3. As per learned counsel for the applicant, the present applicant (Vivek Kumar @ Vivek Kori) is languishing in jail since 02.03.2025 in Case Crime No.0038 of 2025, under Sections 191(2), 115(2), 105 and 351(3) of B.N.S., 2023, Police Station- Kotwali Bikapur, District- Ayodhya. He 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 towards the impugned FIR, wherein the date of incident has been indicated as 20.02.2025 but the FIR has been lodged on 22.02.2025 without explaining the delay of two days. Learned counsel for the applicant has stated the present applicant is a student studying in B.Sc.. He is not named in the FIR and his name has surfaced for the first time on the statement of eye witnesses. However, identically situated co-accused persons, namely, Tamir Ahmad @ Siblu and Ram Sagar Maurya, have been granted bail by the co-ordinate Bench of this Court vide orders dated 16.05.2025 and 27.06.2025 passed in Criminal Misc. Bail Application Nos. 4223/2025 and 5753/2025, as recitals to this effect has been given in para- 24 of the rejoinder affidavit, 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. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that present applicant is a student studying in B.Sc., he is not named in the FIR; identically situated co-accused persons, namely, Tamir Ahmad @ Siblu and Ram Sagar Maurya, have been granted bail by the co-ordinate Bench of this Court vide orders dated 16.05.2025 and 27.06.2025 passed in Criminal Misc. Bail Application Nos. 4223/2025 and 5753/2025, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant (Vivek Kumar @ Vivek Kori) 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 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 applicant shall not leave the country without prior permission of the Court. 10. Before parting with, it is expected that the trial shall be concluded with expedition in terms of Section 309 Cr.P.C./346 B.N.S.S. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench