Neutral Citation No. - 2025:AHC-LKO:40584 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6528 of 2025 Applicant :- Kallu @ Vidyasagar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Arif Hussain Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the respondent State. The application seek bail in Case Crime No. 211 of 2021, under sections 147/148/452/323/504/336/506/325/307 I.P.C., Police Station-Machrehta, District-Sitapur. According to the version in the F.I.R. dated 03-07-2021 is that the applicant and other co-accused persons had barged into the house of the informant and had assaulted him and his family members by Lathi Danda and stones. Learned counsel for the applicant has submitted that there is general allegation against the applicant and other co-accused persons. The F.I.R. has been lodged against all the family members of the applicant due to enmity between the family members. Neither in the F.I.R. nor in the statements of the informant and the injured witnesses, any specific role has been assigned either to the applicant or to the other co-accused persons and only general allegation has been made. Except the injury to one person of fracture of 7th rib on the left side of the chest, rest of the injuries are simple in nature and for that, no specific role has been assigned as to by whom the said injuries have been inflicted to the injured.The applicant has no criminal history and is languishing in jail since 10.6.2025. It is further submitted that co-accused Raja Ram has been granted bail by coordinate Bench of this Court vide order dated 8.10.2021 passed in Bail No.11464 of 2021. He seeks parity with the bail order of co-accused Raja Ram. Per contra, learned A.G.A. has opposed the prayer for grant of bail and has submitted that from the F.I.R. and the statement of the injured, an offence is made out against the applicant, but, unable to dispute the submissions raised by learned counsel for the applicant, particularly, the submissions that there is general role assigned to the applicant and other co-accused persons; that no specific role has been assigned to any one. After hearing the submissions made by the learned counsel for the parties and considering the facts that that there is general role assigned to the applicant and other co-accused persons and no specific role has been assigned to any one and examining the material available on record, the applicant seeks parity with the bail order of co-accused-Raja Ram who has already been granted bail by coordinate Bench of this Court and without entering into the merits of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed on the ground of parity. Let the applicant, Kallu @ Vidyasagar, involved in the aforesaid case crime number be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned. (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 under Section 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 16.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench