Neutral Citation No. - 2025:AHC-LKO:35858 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5497 of 2025 Applicant :- Umed Ahmad @ Babu And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicants with a prayer to enlarge them on bail in Case Crime No.744 of 2024, under Sections 309(6), 317(2), 3(5) B.N.S., Police Station- Khairi Ghat, District- Bahraich. 3. Learned counsel for the applicant submits that the applicants are innocent persons and have been falsely implicated in the present case and they are in jail since 15.10.2024. He further submits that in confessional statement of co-accused persons, involvement of the applicants is found. He next submits that prior to date of arrest, they did not have any criminal antecedent. He also submits that identification parade was not conducted and the charge-sheet has already been submitted. The co-accused, namely, Dilasa Ram, having identical role, has already been granted bail by this Court vide order dated 12.02.2025 passed in Crl. Misc. Bail Application No. 1322 of 2025. In these circumstances, the applicants are entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicants. However, he does not dispute the fact that co- accused, namely, Dilasa Ram has already been granted bail by this Court. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, it is undisputed fact that co-accused, namely, Dilasa Ram has already been granted bail by this Court. I am of the view that the applicants are entitled to be released on bail. 6. The bail application is allowed. 7. Let the applicants- Umed Ahmad @ Babu and Kashim @ Kallu who are involved in aforementioned case crime be released on bail on their 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 applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. (ii) The applicants 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 office or tamper with the evidence. (iii) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A I.P.C./269 B.N.S. (v) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 B.N.S.S. may be issued and if applicants fail 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 I.P.C./209 B.N.S. (vi) The applicants shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the trial court, absence of the applicants are 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 18.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench