Neutral Citation No. - 2025:AHC-LKO:37358 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5964 of 2025 Applicant :- Om Prakash Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. Counsel for Applicant :- Shiv Shankar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record.] In the prosecution case, it is alleged that on 01.03.2023 at around 1:00 pm, regarding the dispute of partition of bricks, two named accused persons came inside the house of the complainant hurling abuses. When the complainant objected, they assaulted him with lathi and danda and also threatened to kill. Learned counsel for the applicant submits that the injured sustained a lacerated wound on the head. General role has been attributed to both accused persons. It is further submitted that co-accused Neelam, who has been assigned a similar role, has already been granted bail by a coordinate Bench of this Court vide order dated 26.06.2025 in Criminal Misc. Bail Application No. 5700 of 2025. The applicant seeks parity with the said order. He is in custody since 18.05.2025 and has no prior criminal history. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the fact that the charge sheet has been filed, co-accused Neelam has already been granted bail, and the applicant is in jail since 18.05.2025 without having any criminal antecedents and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Om Prakash involved in Case Crime No. 90 of 2023, under Section 323, 308, 452, 504 & 506 I.P.C., P.S.- Kothi, District -Barabanki. 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he 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. (v) 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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, in accordance with law under Section 209 of BNS. Order Date :- 2.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench