Neutral Citation No. - 2025:AHC-LKO:44628 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6722 of 2025 Applicant :- Mukesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A.,Shiva Nand Pandey Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Aman Kumar Shrivastav, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2. No one has appeared on behalf of the informant neither any request of adjournment has been made. 3. Learned counsel for the applicant has filed supplementary affidavit explaining criminal history of the applicant, same is taken on record. 4. As per learned counsel for the applicant, the present applicant (Mukesh) is languishing in jail since 11.06.2025 in Case Crime No.0144 of 2025, under Section 105 B.N.S., 2023, Police Station- Fardhan, District- Lakhimpur Kheri. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 5. Attention has been drawn towards the impugned FIR wherein the allegation of assault and beating has been attributed to four accused persons including the present applicant. No specific allegation and weapon have been assigned to the present applicant as general allegations have been levelled against the applicant. 6. Further attention has been drawn towards the Annexure-9 which is an order dated 01.07.2025 whereby co-accused Shiv Prakash has been granted bail by this Court in Cri. Misc. Bail Application No.6093 of 2025, therefore, the present applicant may also be enlarged on bail on the basis of principles of pairity. 7. Learned counsel for the applicant has further submitted that the present applicant is having only one criminal history which has been explained in supplementary affidavit. Chargesheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 8. Learned Additional Government Advocate has opposed the aforesaid bail application by submitting that the present applicant was present on the spot and has also beaten the deceased, however he could not dispute this fact that co- accused Shiv Prakash has been enlarged on bail. 9. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific allegation and weapon have been assigned to the present applicant, only general allegation has been levelled against the applicant; co-accused Shiv Prakash has been granted bail by this Court on 01.07.2025 in Cri. Misc. Bail Application No.6093 of 2025 and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 10. Accordingly, the instant bail application is allowed. 11. Let the applicant (Mukesh) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 IPC/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 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 IPC/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 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. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 1.8.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench