Neutral Citation No. - 2025:AHC-LKO:41841 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6536 of 2025 Applicant :- Shafik Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Aman Kumar Srivastava, learned counsel for applicant, Dr. Surendra Singh, learned Additional Government Advocate for the State and Sri Sachida Nand Tiwari, learned counsel for the complainant/ opposite party No.2 and filed Vakalatnama on her/his behalf. The same is taken on record. 2.As per learned counsel for the applicant, the present applicant (Shafik) is languishing in jail since 04.02.2025 in Case Crime No.46 of 2025, under Sections 87, 137 (2), 103 (1), 238 (3) (5), 61(2), 140 (1) & 70(1) of Bharatiya Nyaya Sanhita, 2023, Section 5g/6 of Protection of Children from Sexual Offences Act and Section 3/5 of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, Police Station-Padua, District- Lakhimpur Kheri. 3.Learned counsel for applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). 4.Attention has been drawn towards the impugned First Information Report (in short F.I.R.) which has been lodged against one accused persons, namely, Aashif @ Chhotu. 5.Learned counsel for the applicant has stated that in the present case, the main accused is Aashif @ Chhotu has eloped the victim (since deceased) and committed the crime of murder. The perusal of the statement of the complainant and other witnesses reveals that the main accused Aashif @ Chhotu was trying to convert religion of the victim (since deceased) for getting married with her. As per the prosecution story, the present applicant along with other co-accused persons, namely, Makbool, Majlooma, Safiq, Dilshad and Chanda and others helped the main accused Aashif @ Chhotu. 6.Further attention has been drawn towards Annexure No.16 of the bail application, which is an order of this Court dated 07.05.2025 passed in Criminal Misc. Bail Application No.3906 of 2025: Gafoor vs. State of U.P. & others, whereby the bail of the co-accused,Gafoor, has been granted. Further attention has been drawn towards Annexure No.17 of the bail application, which is an order of this Court dated 17.06.2025 passed in Criminal Misc. Bail Application No.5293 of 2025:; Maqbool & Smt. Mazluma vs. State of U.P. & others, whereby the bail of the co-accused persons, namely, Maqbool & Smt. Mazluma has been granted. Further attention has been drawn towards Annexure No.17 of the bail application, which is an order dated 17.06.2025 passed in Criminal Misc. Bail Application No.5293 of 2025: Maqbool & others vs. State of U.P. & others, whereby the co-accused persons have been granted bail. Therefore, on the basis of principles of parity, the present applicant may also be enlarged on bail inasmuch as he is not a main accused who committed crime and the allegation against him is to provide assistance to the main accused. He has further submitted that the charge-sheet has been filed. The present applicant is having no prior criminal history of any kind whatsoever. He undertakes on behalf of the present applicant that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of bail order. 7.Learned Additional Government Advocate as well as learned counsel for the complainant have vehemently opposed the prayer by bail of the present applicant by submitting that those accused persons who have been granted bail are threatening the relevant fact witnesses including the complainant to withdraw the case and if the present applicant shall also be released on bail, he shall do the same thing, but they could not dispute the fact that the co-accused persons, namely, Gafoor, Maqbool & Smt. Mazluma, have been granted bail by this Court. 8.Learned counsel for the complainant has also submitted that a young girl of 18 years has been brutally killed by the main accused, Aashif @ Chhotu and the present applicant and others co-accused persons have provided their active assistance to the main accused. Therefore, the present applicant is not entitled to be released on bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 9.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the main accused Aashif @ Chhotu has eloped the victim (since deceased) and committed the crime of murder; the statement of the complainant and other witnesses that the main accused Aashif @ Chhotu was trying to convert religion of the victim (since deceased) for getting married with her; the fact that the co-accused persons, namely, Gafoor, Maqbool & Smt. Mazluma, have been granted by by this Court vide orders dated 07.05.2025 & 17.06.2025 (supra); the charge-sheet has been filed; the present applicant is having no prior criminal history of any kind whatsoever and the undertaking that he shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case. 10.Accordingly, the instant bail application is allowed. 11.Let the applicant (Shafik) 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 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 applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 22.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench