Neutral Citation No. - 2025:AHC-LKO:42269 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6647 of 2025 Applicant :- Ram Sumiran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Gupta,Ashish Chaurasia,Shubham Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Manoj Kumar Gupta, learned counsel for the applicant and Sri Alok Kumar Singh, learned AGA for the State. 2. The present applicant is in jail since 18.04.2025, in case crime no. 70(1), 74, 115(2), 352, 351(3) and 127(2) of BNS at Police Station Ashiyana 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 First Information Report, wherein, the date of incident has been indicated as 08.02.2025, but the First Information Report has been lodged on 10.02.2025 without explaining the delay. In the First Information Report, general allegation of molestation, etc. has been levelled against all accused persons, but during the investigation, the statement of the prosecutrix was recorded where she has levelled allegation of rape against all accused persons. Since, there was apparent variation in the prosecution story from FIR to recording the statement of prosecutrix, therefore, the benefit thereof was extended to co-accused Sachin who has been granted bail by the Court in Criminal Misc. Bail Application No. 4653 of 2025 vide order dated 29.05.2025, granting parity to other co-accused, Arvind, this Court has granted bail to him in Criminal Misc. Bail Application No. 5164 of 2025 vide order dated 11.06.2025. Learned counsel has stated that so far as the role and allegation are concerned, the present applicant is allegedly having similar role. Therefore, on the basis of principles of parity, he may be enlarged on bail. The applicant has no criminal history of any kind whatsoever. The chargesheet 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 18.04.2025; similarly placed co- accused persons, namely Sachin and Arvind have been granted bail by this Court in Criminal Misc. Bail Application Nos. 4653 of 2025 and 5164 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- Ram Sumiran, 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 :- 23.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench