Neutral Citation No. - 2025:AHC-LKO:40458 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4364 of 2025 Applicant :- Gayatri And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Salman,Mukhtar Ahamad,Sanat Singh,Tauheed Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Mohd. Salman, learned counsel for the applicants and Sri Ran Vijay Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicants that the applicants are in jail since 17.3.2025 in Case Crime No. 0102 of 2025 u/s 3(5)/115(2)/352/351(3) and 105 B.N.S., P.S. Ramnagar, District Barabanki. It has been submitted that the applicants have been falsely implicated in this case as they have not committed any offence as alleged. 3. Attention has been drawn towards the Anticipatory Bail order dated 9.7.2025 passed in Criminal Misc. Anticipatory Application u/s 482 B.N.S.S.No. 817 of 2025 whereby the co-accused Malti Devi has been granted anticipatory bail. The present applicants are daughters of Malti Devi (applicant of aforesaid anticipatory bail application). The present applicants could not file anticipatory bail application, therefore, they were arrested and are in jail. As per prosecution story general allegation of assault and beating has been attributed to seven accused persons. Accused No. 5 is the Malti Devi and accused Nos. 6 & 7 are the present applicants. So as to implicate the entire family, the concocted prosecution story has been prepared. No specific role has been attributed to the present applicants. The present applicants are having no prior criminal history of any kind whatsoever. 4. Learned counsel for the applicants has further submitted that the co-accused person namely, Malti Devi, who has been granted anticipatory bail by this Court vide order dated 9.7.2025 in Criminal Misc. Anticipatory Application u/s 482 B.N.S.S.No. 817 of 2025. He also submits that since the case of the applicants is in parity with the co-accused, therefore, the applicants are also entitled for bail. He has further submitted that charge- sheet has already been filed, there is no apprehension of absconding or tampering the evidence or witnesses. 5. The learned counsel for the applicants has given an undertaking on behalf of applicants that the applicants shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 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 applicants. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that namely, co-accused Malti Devi has already been granted anticipatory bail vide order dated 9.7.2025 in Criminal Misc. Anticipatory Application u/s 482 B.N.S.S.No. 817 of 2025, therefore, on the principle of parity the applicants are entitled to be released on bail in this case. 8. Bail application is allowed. 9. Let the applicant Gayatri And Babli, involved in aforesaid case crime be released on bail on their 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 applicants 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 applicants 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 / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicants 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 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 them in accordance with law. (v) The applicants shall not leave the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 15.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench