Neutral Citation No. - 2025:AHC-LKO:34628 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5040 of 2025 Applicant :- Priyanshu Gupta Opposite Party :- State Of U.P. Thru. Prin. Sect. Home Deptt. Lko Counsel for Applicant :- Harish Chandra Yadav,Lalit Kumar Saxena Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party-State. 2. First bail application has been filed with regard to Case Crime No.05 of 2025 under Sections 318 (4), 316 (2), 338, 336 (3), 317 (2) B.N.S. & Section 66-D Information Technology Act, P.S. Utraula, District Balrampur. 3. As per contents of first information report, the incident is said to have taken place on 22.12.2024 when four people who were occupants of a vehicle bearing Registration No. UP32/PL-4218 are said to have stolen a jacket worth Rs.2000/-. 4. Learned counsel for applicant submits that the co-accused Chandra Prakash and Rajesh Srivastava, who were assigned similar role, have been granted bail by Coordinate Bench of this court vide orders dated 29.5.2025 and 21.5.2025 passed in Bail Nos.4709 and 4266 - both of 2025, respectively. The alleged recovery of jacket and mobile is false. There is no independent witness to the alleged recovery. The offence is triable by Magistrate. The applicant's counsel seeks parity. He has explained criminal history of two cases in para 29 of the bail application. The applicant is in jail since 28.1.2025. 5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application. 7. On due consideration of submissions advanced by learned counsel for the parties and perusal of material on record as also the fact that the co-accused named above have been enlarged on bail, the period of incarceration, the offence is triable by Magistrate, without expressing any opinion on merits of the case, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed on the ground of parity. 9. Let applicant Priyanshu Gupta, 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 file an undertaking to the effect that he/she 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/her under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under Section 84 BNSS 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/her, in accordance with law, under Section 209 of BNS. (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 351 BNSS. 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/her in accordance with law. Order Date :- 5.6.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench