Neutral Citation No. - 2025:AHC-LKO:37519 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6169 of 2025 Applicant :- Susheel Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Manoj Kumar Mishra,Pankaj Kumar,Piyush Tripathi,Sharad Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Manoj Kumar Mishra, learned counsel for the applicant and Sri Arun Verma, learned AGA for the State. The present applicant is in jail since 03.05.2025, in case crime no. 133 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2), 61(2), 111, 308(5), 3(5) of BNS at Police Station Gomti Nagar District Lucknow. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein, the allegations have been levelled against eight accused persons including the present applicant. As per the prosecution story, the main allegation have been levelled against the co-accused Rahul Singh and Achaleshwar Gupta and on the basis of their statement, the present applicant has been implicated. Investigation is going on and no incriminating material has been recovered from the present applicant as on today. Further learned counsel for the applicant has explained the criminal history of three cases of the present applicant in paragraph 30 of the bail application. Sri Manoj Kumar Mishra has shown the copy of the bail orders dated 26.06.2025 passed by this court in Criminal Misc. Bail Application No. 5673 of 2025 granting bail to the co-accused Mukesh Maurya @ Rangi. Another accused, namely, Dhananjay Singh has also been granted bail on 02.07.2025 in Criminal Misc. Bail Application No. 5672 of 2025, giving parity to him with Mukesh Maurya @ Rangi. Sri Manoj Kumar Mishra has stated that so far as the role of the present applicant is concerned, he is having identical parity with Mukesh Maurya @ Rangi, so on the basis of the principles of parity, he may also be enlarged on bail. Learned counsel for the applicant has explained the criminal history of three cases of the present applicant in paragraph 30. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 03.05.2025; similarly placed co- accused persons have been granted bail in Criminal Misc. Bail Application No. 5673 of 2025 granting bail to the co-accused Mukesh Maurya @ Rangi and another accused, namely, Dhananjay Singh has also been granted bail on 02.07.2025 in Criminal Misc. Bail Application No. 5672 of 2025; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Mohd. Afsar, 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 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. (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 of the Indian Penal Code. (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. is issued and the 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 of the Indian Penal Code. (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. 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. (v) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. Order Date :- 3.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench