Neutral Citation No. - 2025:AHC-LKO:38959 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6325 of 2025 Applicant :- Neeraj Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Avanish Kumar Azad,Mahesh Singh Yadav Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vinod Kumar Yadav, learned counsel for the applicant, learned Additional Government Advocate for the State and Sri Mahesh Singh Yadav, learned counsel, who has filed Vakalatnama today on behalf of the mother of the deceased, same is taken on record. 2. As per learned counsel for the applicant, the present applicant (Neeraj Yadav) is languishing in jail since 19.03.2025 in Case Crime No.0033 of 2025, under Sections 190, 191(2), 115(2), 105, 351(3), 352 of B.N.S., 2023, Police Station- Sairpur, District- Lucknow. 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 general allegation of assault and beating has been attributed to five accused persons and some unknown accused persons. The present applicant is a named accused. At this stage, attention has been drawn towards the bail orders dated 06.06.2025, 09.06.2025, 12.06.2025, 20.06.2025& 27.06.2025 passed in Crl. Misc. Bail Application Nos.5102/2025, 4389/2025, 5317/2025, 5518/2025 & 5754/2025, whereby four accused persons have been granted bail, therefore, learned counsel for the applicant has stated that the present applicant may also be released on the bail on the basis of principles of pairity inasmuch as his role is similar to those co-accused, who have already been granted bail. Learned counsel has explained the criminal history of the present applicant in para-2 of the supplementary affidavit, which has already been filed with the bail application. Chargesheet has been filed. 4. Learned counsel for the applicant has further submitted that the present applicant undertakes that he 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 A.G.A. as well as learned counsel for the complainant have vehemently opposed the aforesaid bail but they conceded the fact that co-accused persons, namely, Ram Sewak, Dileep Yadav, Siyaram and Anand Yadav have already been granted bail by this Court. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that four co-accused persons have been granted bail, role of the present applicant is similar to those co-accused, who have already been granted bail 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 bail application is allowed. 8. Let the applicant (Neeraj Yadav) 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 :- 9.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench