Neutral Citation No. - 2025:AHC-LKO:35702 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5293 of 2025 Applicant :- Maqbool And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Shivendra Pratap Singh,Saurabh Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. It has been informed by learned A.G.A for the State that the notice has already been served upon the complainant regarding the pendency of the present case and the photocopy of the notice dated 22.05.2025, issued by Sandeep Yadav, Sub-Inspector, P.S. Padhua, District Kheri, is taken on record. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P. and perused the record. 3. The present bail application has been filed on behalf of the applicants in Case Crime No. 0046 of 2025 under Section 87, 137(2), 103(1), 238, 3(5), 61(2), 140(1), 70(1) B.N.S and Section 5g/6 of POCSO Act and Section 3/5 U.P Prohibition of Unlawful Conversion of Religion Act, Police Station Padhua, District Kheri, with the prayer to enlarge them on bail. 4. Learned counsel for the applicants submitted that the applicants are innocent persons and have been falsely implicated in the present case. He further submitted that name of the applicants has cropped up in the confessional statement of the co-accused Asif @ Chotu and applicants are having no criminal antecedents and are in jail since 21.01.2025 and 04.02.2025 respectively and charge sheet has already been filed. He further submitted that co- accused, Gafoor having identical role, has already been granted bail by this Court, vide order dated 07.05.2025 passed in Criminal Misc. Bail Application No. 3906 of 2025. In these circumstances, the applicants are also entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer of the applicants for grant of bail, but he conceded the fact that co-accused Gafoor has already been granted bail by this Court. 6. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused, Gafoor, ground of parity as well as totality of fact and circumstances, I am of the view that the applicants are entitled to be released on bail. 7. Let applicant - Maqbool and Smt. Mazluma - be released on bail in aforesaid Case Crime, on their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicants shall not commit or participate in any 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 officer 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 IPC. (v) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C., 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 them, in accordance with law, under Section 174-A IPC. (vi) The applicants 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 applicants 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 them 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 :- 17.6.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench