Neutral Citation No. - 2025:AHC-LKO:42639 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6608 of 2025 Applicant :- Monu @ Manish Goud Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home U.P. Lko. Counsel for Applicant :- Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vineet Kumar Chaurasia, learned counsel for the applicant and Dr. Surender Singh, learned AGA for the State. 2. The present applicant is in jail since 28.09.2024, in case crime no. 0123 of 2024, under Sections 103(1), 61(2), 238 and 191 of BNS at Police Station Hasanganj District Lucknow. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned FIR, wherein the date of incident is indicated as 14.09.2024 but the FIR has been lodged on 27.09.2024, without explaining the aforesaid inordinate delay, though the present applicant is named in the FIR but no specific allegation has been levelled against him, only this much has been indicated against the present applicant that he was a drinking partner of the deceased and on account of sudden provocation, due to trivial dispute, the incident in question might have taken place. As a matter of fact, there is no eye witness account in the present case. Missing report of the deceased was lodged on 16.09.2024. On 23.09.2024, a skeleton was recovered in Kukrail Jungle. The informant went to Kukrail Jungle and found his brother's voter identity card laying near the skeleton and there was a metallic plate in the leg of the skeleton from which he identified the skeleton belonged to his brother. He has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Further attention has been drawn towards annexure no. 8 which are the bail orders of Ravi Balmiki, Amit Kumar Soni @ Nana, Vikky Rastogi @ Vikas Rastogi and Vikas Kumar Gaur passed in Criminal Misc. Bail Application Nos. 5353 of 2025, 1634 of 2025, 13080 of 2024 and 4322 of 2025, respectively. So far as the allegation against the present applicant is concerned, those allegations are same, wherein, the above named co-accused persons have been granted bail, therefore, on the basis of principles of parity, the present applicant may be enlarged on bail. Charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 28.09.2024; similarly placed co- accused persons, namely, Ravi Balmiki, Amit Kumar Soni @ Nana, Vikky Rastogi @ Vikas Rastogi and Vikas Kumar Gaur have been granted bail in Criminal Misc. Bail Application Nos. 5353 of 2025, 1634 of 2025, 13080 of 2024 and 4322 of 2025, respectively; there is no likelihood to conclude the trial in the near future; 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. 7. The bail application is allowed. 8. Let the applicant- Monu @ Manish Goud, 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 of the Indian Penal Code/ 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 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 174-A of the Indian Penal Code/ 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 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. Order Date :- 24.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench