Neutral Citation No. - 2025:AHC-LKO:40357 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5051 of 2025 Applicant :- Rajesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Mansoor,Manoj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail during the trial in Case Crime No. 85 of 2025, under Section 3/5/25 Arms Act, P.S.-Khairighat, District -Bahraich. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that the police being inimical has planted the applicant in the instant matter and he is not involved in committing the offence. He submits that only on the ground that there is criminal history of 5 cases against the applicant, he has been connected in the present matter. He also submits that there is no cogent piece of evidence against the applicant and charge sheet has been filed as such there is no possibility of tampering with the evidence and threatening the witnesses. Moreover, the co-accused Nisar has already been granted bail by a coordinate bench of this Court vide order dated 26.6.2025 passed in Criminal Misc. Bail Application No. 5701 of 2025. Hence, the present applicant claims parity. It is further submitted that the applicant is languishing in jail since 3.3.2025 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that there is no cogent piece of evidence against the applicant; the applicant has duly explained his criminal history; co-accused Nisar has already been granted bail by a coordinate bench of this Court; charge sheet has been filed as such there is no possibility of tampering with the evidence and threatening the witnesses; the applicant is languishing in jail since 3.3.2025; and he has undertaken that he will not misuse the liberty of bail if granted and would co- operate in the trial proceedings. Considering the submissions of learned counsel of both sides, 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 and, without expressing any view on the merits of the case, I find it to be a case of bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Rajesh 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:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. 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. (v) 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 15.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench