Neutral Citation No. - 2025:AHC-LKO:1308 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5167 of 2024 Applicant :- Brijesh Kumar Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko Counsel for Applicant :- Vijay Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0046 of 2022 under Section 419, 420, 467, 468, 471 and 120-B, 386 and 506 IPC and Section 7A P.C.Act, Police Station S.I.T. District Lucknow. In the prosecution case, it is alleged that the accused with the co-accused persons by hatching a conspiracy and using illegal means also with the aid of public servants have placed document no.8360 in the ofÏce of Sub Registrar Sadar Gonda. It is also alleged that the complainant has been threatened and extortion amount has been demanded from him. Learned counsel for the applicant submits that applicant is practicing lawyer in civil court Gonda. He is neither seller, purchaser or witness in the alleged sale deed. He is not the beneficiary. Investigating OfÏcer has failed to collect any material against the applicant. Although charge-sheet in this case has been filed on 12.6.2024 till date trial has not commenced. He is in jail since 24.10.2022. He submits that the applicant has criminal history of 51 cases and all the cases are related to this incident. He has been falsely implicated. He further submits that co-accused Anil Kumar Singh @ Anil Singh has been granted bail by this Court vide order dated 3.10.2024 passed in Crl. Misc. Bail Application No.8865 of 2024. He seek parity with the bail order of co-accused Anil Kumar Singh. Learned A.G.A. has opposed the bail prayer. On due consideration to the period of incarceration gone into by the applicant, prima facie ingredients to attract offence under which charge- sheet has been filed are missing, the applicant is languishing in jail since 24.10.2022, so also the judgment passed by Supreme Court in the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra and another: Criminal Appeal No.2787 of 2024, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Brijesh Kumar Awasthi be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 ofÏcer 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. (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 sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 8.1.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench