HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6670 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.59 of 2025, under Sections 103(1), 238, 3(5), 61(2) of BNS, P.S. Gurubuxganj, District Raebareli. Learned counsel for applicant submits that applicant is not named in the F.I.R. however, only on the basis of last seen evidence of Suresh Yadav, the applicant without being any recovery has been booked in this case. The case is of circumstantial evidence. There is no eye witness to the incident. He submits that co-accused Sachin has been granted bail by this Court vide order dated 18.07.2025 passed in Criminal Misc. Bail Application No.6464 of 2025 to which applicant seeks parity. Another co-accused Brijesh Kumar Yadav has also been enlarged on bail vide order passed in Bail No.7648 of 2025. Applicant has no criminal history. He submits that the applicant is in jail since 26.03.2025. Learned A.G.A. has opposed the bail prayer but could not dispute the fact that it is a case of parity. Versus Counsel for Applicant(s) : Sachin Verma, Praveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Harishchandra @ Hari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 26.03.2025, bail order of co-accused, named above, have been granted bail, role assigned to the applicant, case is of circumstantial evidence, prima facie chain of circumstance does not appear to be complete and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on parity ground. Let the applicant Harishchandra alias Hari, be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 Indian Panel Code (now Section 269 of 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 BAIL No. 6670 of 2025 2 proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). August 27, 2025 kkb/ BAIL No. 6670 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench