Neutral Citation No. - 2025:AHC-LKO:35032 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4901 of 2025 Applicant :- Munir Nishad @ Munil Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Homelko. Counsel for Applicant :- P.R.S. Bajpai,Ajay Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 23 of 2025 u/s 123/305(b) B.N.S., Police Station- Alambagh, District- Lucknow. 3. Learned counsel for the applicant submits that the applicant, who is a daily wage labourer, was falsely implicated in the present case, and he was also implicated in several cases by the police only with the intention to show good work. He further submits that in the present case, no identification parade was conducted, but the charge-sheet was submitted by the Investigating Officer only on the basis of false recovery. He next submits that the applicant was implicated in nine cases. He also submits that co-accused, namely, Shatrughan Nishad, having identical role, has been granted bail vide order dated 07.04.2025 passed by this Court in Crl. Misc. Bail Application No. 2884 of 2025. He lastly submits that the applicant, who is in jail since 11.02.2025, is ready to cooperate in the trial, hence, he may be enlarged on bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that co- accused, namely, Shatrughan Nishad has been enlarged on bail. He concedes the fact that identification parade was not conducted before filing the charge-sheet. 5. Considering the submissions of learned counsel for the parties and going through the contents of the bail application, F.I.R. as well as other relevant documents, it is evident that co- accused, namely, Shatrughan Nishad has already been enlarged on bail. Therefore, the applicant is entitled for bail. 6. Let the applicant- Munir Nishad @ Munil Nishad, who is involved in aforementioned 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 subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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. (v) 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., may be issued and if 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. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. With above directions, the bail application is allowed. Order Date :- 9.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench