Neutral Citation No. - 2025:AHC-LKO:35401 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5317 of 2025 Applicant :- Rohit Yadav Opposite Party :- State Of U.P. Thru. Prin. Secif Secy. Home Lko. Counsel for Applicant :- Durgesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1.Vakalatnama filed by Mr. Mahesh Singh Yadav, Advocate on behalf of legal heir of the deceased, is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P., counsel for legal heir of the deceased and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.33 of 2025, under Sections 190, 191(2), 115(2), 105, 351(3), 352 of B.N.S., Police Station- Sairpur, District- Lucknow. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present cae. He does not have any criminal antecedent. He further submits that the co-accused Dileep Yadav having identical role has been enlarged on bail by this Court in Criminal Misc. Bail Application No.5102 of 2025. Applicant is in jail since 16.04.2025 and he is ready to cooperate in the investigation, therefore, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. as well as counsel for private respondent have opposed the prayer of the applicant for grant of bail, but they conceded the fact that co-accused -Dileep Yadav, 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 - Dileep Yadav, ground of parity as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail. 7. Let applicant - Rohit Yadav, be released on bail in aforesaid Case Crime, on his 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 applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he 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 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 under Section 229-A IPC/269 BNS. (v) In case, the applicant misuses 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 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 174-A IPC/209 BNS. (vi) The applicant 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./351 B.N.S.S. 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 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 :- 12.6.2025 Reena/- (Rajeev Singh,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench