Neutral Citation No. - 2025:AHC-LKO:39202 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5940 of 2025 Applicant :- Gauri Sankar @ Annu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla,Subodh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ramakar Shukla, learned counsel for the applicant and Sri Arun Verma, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Gauri Sankar @ Annu) is languishing in jail since 10.06.2025 in Case Crime No.0441 of 2023, under Sections 302, 323, 504 IPC Police Station- Kheri, District- Lakhimpur Kheri. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards the impugned FIR wherein the allegation of assault and beating has been attributed against five accused persons. However, during the course of investigation, the fact emerges that the main accused was Nitin @ Ashish inasmuch as the injured Vineet Kumar and Ram Sagar have categorically alleged against Nitin @ Ashish. The aforesaid co-accused Nitin @ Ashish has been granted bail by this Court on 04.04.2024 in Crl. Misc. Bail Application No.3749/2024. Besides other co-accused, namely, Girja Shankar Awasthi, Manishankar Awasthi and Hari Shankar Awasthi have also been granted bail vide orders dated 08.01.2024, 21.02.2024 & 19.02.2024 in Crl. Misc. Bail Application Nos.153/2024, 87/2024 & 1831/2024, therefore, in the basis of principles of pairity, the present applicant may also be enlarged on bail, as his case is on better footing for the reason that initially the final report was filed in favour of the present applicant. But at the stage of cognizance of the case learned Magistrate summoned the specific report on the basis of C.D.R. and directed for further investigation. On the basis of aforesaid exercise the present applicant has been implicated. Thereafter, final report has again been filed in favour of the present applicant. The learned Magistrate did not accept the final report and summon the present applicant. Learned counsel for the applicant has explained the criminal history of one case in para-41 of the bail application. 4. Learned counsel for the applicant has further submitted that he has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 5. Learned Additional Government Advocate has opposed the aforesaid bail prayer but did not dispute the submission of learned counsel for the applicant. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the co-accused Nitin @ Ashish has been granted bail by this Court on 04.04.2024 in Crl. Misc. Bail Application No.3749/2024, besides other co-accused, namely, Girja Shankar Awasthi, Manishankar Awasthi and Hari Shankar Awasthi have also been granted bail, applicant's case is on better footing for the reason that initially the final report was filed in his favour and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Gauri Sankar @ Annu) be released on bail in the aforesaid case crime number 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 shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 under Section 229-A IPC/269 of the B.N.S., 2023. (iii) 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 of B.N.S.S., 2023 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 174-A IPC/208 of the B.N.S., 2023. (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 313 Cr.P.C./351 of B.N.S.S., 2023. 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. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 10.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench