Neutral Citation No. - 2025:AHC-LKO:34446 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5095 of 2025 Applicant :- Irshad Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko Counsel for Applicant :- Aditya Mishra,Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard Shri Aditya Mishra, learned counsel for the applicant, and learned Additional Government Advocate appearing on behalf of the respondent-State. 2. The present bail application has been filed in connection with Case Crime No. 05 of 2025, under Sections 318(4), 316(2), 338, 336(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 66-D of the Information Technology Act, Police Station Kotwali Utraula, District Balrampur. 3. As per the prosecution case, on 22.12.2024 four persons traveling in a vehicle bearing registration number UP32/PL-4218 purchased three jackets worth Rs.2,000/-, and by committing forgery through an application(Mobile App) on the applicant’s mobile phone, they made no payment and fled from the spot after cheating the shopkeeper. 4. Learned counsel for the applicant submits that co-accused Chandra Prakash @ Rajan Yadav, who has been assigned the similar role has been granted bail by a coordinate Bench of this Court vide order dated 29.05.2025 passed in Criminal Misc. Bail Application No. 4709 of 2025. He, therefore, seeks parity with the co-accused. 5. Learned Additional Government Advocate appearing on behalf of the State has opposed the bail application and submitted that this is not a case of parity, as the role of the applicant is different from that of the co- accused who has been granted bail. 6. Perused the record. 7. Considering the rival submissions, perusal of the material on record, the facts that the offences alleged are triable by a Magistrate, the applicant has explained the criminal history of two cases in paragraph 31 of the bail application, the applicant is in jail since 29.03.2025, and that the charge sheet has already been filed, the co-accused has been granted bail by a coordinate Bench and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 8. Accordingly, the bail application is allowed. 9. Let applicant Irshad Ali, 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 :- 4.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench