Neutral Citation No. - 2025:AHC-LKO:37599 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6168 of 2025 Applicant :- Sushil Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Mishra,Piyush Tripathi,Sharad Yadav 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 an LDA plot belonging to the complainant’s wife was fraudulently sold by forging documents, in collusion with LDA employees and other co- accused persons, by impersonating Kailasha Devi to Indra Pratap Singh. Subsequently, this group again sold the said plot in the year 2024 and usurped the entire sale proceeds. Learned counsel for the applicant submits that the applicant is not named in the FIR. He is neither the seller nor the purchaser, nor even a marginal witness in the sale deed. The applicant’s name has surfaced only on the basis of the confessional statement of a co-accused, alleging his involvement in the forgery. It is further submitted that the role of the applicant is identical to that of co-accused Achaleshwar Gupta @ Bablu Gupta, who has already been granted bail by a coordinate Bench of this Court vide order dated 27.06.2025, passed in Criminal Misc. Bail Application No. 5767 of 2025. Another co- accused, Ram Bahadur Singh, has also been granted bail by order dated 24.06.2025, in Criminal Misc. Bail Application No. 5472 of 2024. The applicant seeks parity with the bail of Achaleshwar Gupta @ Bablu Gupta. His criminal history has been duly explained in paragraph 37 of the bail application. The applicant is in custody since 03.05.2025. 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 AGA has opposed the bail application, however, has not disputed the fact that the role assigned to the applicant is similar to that of Achaleshwar Gupta @ Bablu Gupta. On due consideration to the fact that co-accused Achaleshwar Gupta @ Bablu Gupta, who was assigned a similar role, has already been granted bail, and taking into account that the applicant is in custody since 03.05.2025 and has explained his criminal antecedents in paragraph 37 of the bail application, and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant, Sushil Kumar Mishra, involved in Case Crime/FIR No. 15 of 2025 under sections 419, 420, 467, 468, 471, 504, 506 and 120B of IPC, P.S.- Gomti Nagar District - Lucknow. 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 82 Cr.P.C. (now 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 174-A IPC (now Section 209 of BNS). Order Date :- 3.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench