Neutral Citation No. - 2025:AHC-LKO:40688 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6527 of 2025 Applicant :- Avnish Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ajay Kumar Verma,Manoj Kumar Mishra,Shubham Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and Shri Lalla Chauhan, learned Advocate who has filed vakalatnama which is taken on record. Learned counsel for the applicant submits that co-accused Pankaj Kumar Pathak, who was the Chairman of Timecity Multi State Cooperative Housing Society Limited, has been granted bail by order dated 15.07.2025 passed in Criminal Misc. Bail Application No. 959 of 2025. It is further submitted that a settlement has been arrived between the said co-accused and the complainant, and the complainant has received the settled amount from him. The offences alleged are triable by a Magistrate. The applicant seeks parity with the bail granted to co-accused Pankaj Kumar Pathak. It is further submitted that the applicant is languishing in jail since 12.05.2025. The applicant has explained his criminal antecedents in para 23 of the bail application. 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. and learned counsel for the complainant have opposed the bail application. Having regard to the bail granted to co-accused Pankaj Kumar Pathak, the fact that the offences are triable by a Magistrate, and the explanation regarding the applicant's criminal antecedents as given in para 23 of the bail application, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Avnish Kumar Tripathi involved in Case Crime No. 837 of 2024 u/s 409, 420 IPC, P.S. Dewa, 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 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 :- 16.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench