Neutral Citation No. - 2025:AHC-LKO:40362 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4184 of 2025 Applicant :- Shyamdeen Yadav Opposite Party :- State Of U.P Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Yogendra Nath Yadav,Lavkush,Rupendra Kumar Yadav,Saurabh Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Nijam Ahamad Hon'ble Karunesh Singh Pawar,J. Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. The present bail application has been filed on behalf of the applicant in Case Crime No.179 of 2019 under Sections 307, 120 B I.P.C, Police Station- Rajesultanpur, District- Ambedkar Nagar, with the prayer to enlarge him on bail. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case. It is further submitted on behalf of applicant that on the basis of suspicion, the applicant was implicated in the FIR. He further submitted that the statement of injured was recorded by the Investigating Officer in which he admitted that two unknown persons came and one opened fire, as a result, he received injuries. Merely, on the basis of suspicion that there was some land dispute in between the applicant and informant. The incident of firing was taken place due to conspiracy of the applicant. He further submitted that the Civil Appeal No.06 of 2002 was filed by the informant side, the same was dismissed by the District Judge, Ambedkar Nagar on 27.08.2012 and there is no occasion to do conspiracy for causing such incident, in these circumstances, the applicant is entitled for bail. It is further submitted that the co-accused persons namely, Hitai @ Hit Lal, Anand Kumar and Vashishta Yadav have already been granted bail by coordinate benches of this Court vide orders dated 28.11.2019, 12.12.2019 and 1.6.2020 passed in Criminal Misc. Bail Application Nos. 11436 of 2019, 12060 of 2019 and 3006 of 2020. Hence, the present applicant claims parity. Moreover, the applicant has no criminal antecedents and he is languishing in jail since 8.4.2025. 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 shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that there was a property dispute between the applicant and informant, as a result, the conspiracy was done by the applicant but has fairly conceded that this is the presumption of injured as well as applicant. Considering the rival submissions of learned counsel for parties, material available on record, the bail orders of the co- accused persons as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Shyamdeen Yadav be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 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. (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. Order Date :- 15.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench