Neutral Citation No. - 2025:AHC-LKO:40995 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4761 of 2025 Applicant :- Anoop Goswami Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Kirti Veer Singh,Gaurav Mehrotra,Nadeem Murtaza,Ravi Shanker Singh,Wali Nawaz Khan Counsel for Opposite Party :- G.A.,Ajai Kumar Singh,Archana Misra,Prem Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Nadeem Murtaza, learned counsel for the applicant, Sri Gyanendra Singh learned A.G.A. for the State and Sri Prem Kumar Singh, learned counsel for the informant. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 02.04.2025 in Case Crime No.0319 of 2025 under Sections 103(1), 115(2), 3(5) of B.N.S. 2023 and Section 3/25 Arms Act, 1959, Police Station- Kotwali Nagar, District- Barabanki. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards the impugned FIR wherein no accused person has been implicated by name however during the course of investigation the complicity of two co- accused persons Jagendra Kumar, Satendra and present applicant has been found. The role of firing has been attributed to co-accused Jagendra Kumar and present applicant. Co- accused Jagendra Kumar, who is having similar role, has been granted bail by this Court on 19.05.2025 in Crl. Misc. Bail application No. 4272/2025, therefore, learned counsel for the applicant has pressed this bail on the basis of principles of pairity. 4. The learned counsel for the applicant has further submitted that the applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. He has given an undertaking on behalf of applicant that the applicant 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. 5. Per contra, Sri Singh, learned counsel for the informant has vehemently opposed this bail application by submitting that though the role of firing has been attributed to co-accused Jagendra Kumar and present applicant but the weapon used to kill the victim i.e. revolver has been recovered on the pointing out of the present applicant and the present applicant is having motive to kill the victim on account of some past rivalry, however, he has not disputed the fact that co-accused Jagendra Kumar has been granted bail. learned Additional Government Advocate has also opposed the aforesaid bail of the present applicant. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the co-accused Jagendra Kumar, who is having similar role, has been granted bail by this Court on 19.05.2025 in Crl. Misc. Bail application No.4272/2025, applicant is having no prior criminal history of any kind whatsoever, chargesheet has been filed 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. 7. Accordingly, the bail application is allowed. 8. Let the applicant (Anoop Goswami), involved in aforesaid case crime 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 shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and 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 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 applicants shall not leave the country without prior permission of the Court. Order Date :- 17.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench