Neutral Citation No. - 2025:AHC-LKO:47140 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4766 of 2025 Applicant :- Ram Gopal Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. To The Deptt. Of Homes Lko. Counsel for Applicant :- Ravi Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR/ Case Crime No. 19 of 2025, under Sections 103(1), 238 and 3(5) of BNS, Police Station Gaura Chauraha, District Balrampur. 3. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is not named in the FIR and only on the basis of suspicion he has been implicated by the police during the course of investigation. He also submits that there is a CCTV footage report, which is appended as Annexure No.5, wherein this could not be ascertained that the car is of the present applicant or he has ever been seen in the CCTV footage. He also submits that there is no cogent piece of evidence that the applicant is involved in committing offence. He also submits that the applicant has no previous criminal history and he is languishing in jail since 28.03.2025. He submits that the applicant is cooperating in the investigation proceeding and he undertakes that he will never tamper the evidences. He next submits that the applicant may be enlarged on bail. He also seeks parity with the bail order of co-accused Sunil Kumar Thakare has been granted bail by a Co-ordinate Bench of this Court vide order dated 23.06.2025 passed in Criminal Misc. Bail Application No.5572 of 2025. 4. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that though the applicant is not named in the FIR but during the course of investigation his name came into light when there are plethora of evidences against the applicant and therefore, he is not entitled for any relief. 5. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that unclaimed dead body of the deceased was found and this is not a case of last seen even. Further, this Court has noticed that the applicant was not seen in the CCTV footage and even his car number is not traced out. Further, prima facie there seems to be no cogent piece of evidence against the applicant and the applicant is languishing in jail since 28.03.2025 and he undertakes that he will not misuse the liberty of bail and would cooperate in the trial proceedings. 6. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India, bail order of co-accused Sunil Kumar Thakare (supra) to which applicant seeks parity and, without expressing any view on the merits of the case, I find it to be a fit case of bail and hence, the applicant stands allowed on the grounds of parity. 7. Let the applicant- Ram Gopal involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 (Now Section 269 BNS); (3) 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. (Now Section 351 BNSS); and (4) 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. (Now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (Now Section 209 BNS). The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 12.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench