Neutral Citation No. - 2025:AHC-LKO:41090 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6508 of 2025 Applicant :- Mithilesh Opposite Party :- State Of U.P. Thru Sec. Home Department Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shashank Shekhar Singh, learned counsel for the applicant and Sri Abhishek Kumar Singh, learned AGA for the State. 2. This bail application has been filed through e-mode. Learned counsel for the applicant has provided photocopy of the original application to the Court, the same is taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 03.07.2025 in FIR/Case Crime No.0097 of 2025, under Sections 105 and 352 of B.N.S., Police Station- Harpalpur, District- Hardoi. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled that for no reason, the applicant along with others started beating the victim, who was an old aged person, resultant thereof he fainted. Thereafter, the informant took him to the hospital wherein during the treatment he died. The copy of panchnama has been shown wherein the reason of death of the victim has been indicated as illness inasmuch as in the panchnama it has not been indicated that on account of any assault the victim died. 5. Learned counsel has stated that the victim was an old aged person and died on account of age related ailments but having ulterior motive and extraneous design, the allegation of assault has been attributed to the applicant and others. No reason, motive or intention has been indicated in the F.I.R., therefore, the prosecution story appears to be concocted. The present applicant is having no prior criminal history of any kind whatsoever. Charge-sheet has been filed in this case. 6. Further submission of learned counsel for the applicant is that co-accused Saurabh, having similar role, has been enlarged on bail by this Court vide order dated 02.07.2025 passed in Criminal Misc. Bail Application No.6076 of 2025 and co- accused Ramjivan, who is also having similar role, has been enlarged on bail by this Court vide order dated 02.07.2025 passed in Criminal Misc. Bail Application No.5849 of 2025, therefore, on the basis of principles of parity, the present applicant may also be enlarged on bail. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 7. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicant as well as the ground of parity. 8. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that co-accused persons, namely, Saurabh and Ramjivan, who are having similar role, have been enlarged on bail by this Court; the victim was an old aged person and died on account of age related ailments; no reason, motive or intention has been indicated in the F.I.R.; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let applicant- Mithilesh 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 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 84 of the 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 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 351 of the 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 17.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench