Neutral Citation No. - 2025:AHC-LKO:44835 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6887 of 2025 Applicant :- Subham And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ashok Kumar Singh,Rahul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. As per learned counsel for the applicants, the present applicants are in jail since 20.06.2025, in Case Crime No.167 of 2025, under Sections 191(2), 115(2), 333, 351(2), 352, 324(2), 105 & 3(5) of B.N.S., Police Station- Sarojni Nagar, District- Lucknow. 3. Learned counsel for the applicants has stated that the present applicants have been falsely implicated as they have not committed any offence as alleged. Attention has been drawn towards the impugned First Information Report, wherein the specific allegation of beating and assault has been attributed to four named accused persons and 3 to 4 unknown persons. The present applicants are not named in the First Information Report. While recording statement under section 180 BNS, the complainant has not levelled any allegation against the present applicants. However, while recording his supplementary statement (majeed bayan), the complicity of the present applicants has been indicated without having any cogent material evidence to that effect. The complainant could not explain the reason as to why he had not alleged against the present applicants in the First Information Report and in his first statement written under Section 180 BNS. The present applicants have no prior criminal history of any kind whatsoever. Further, co-accused Subhash has been enlarged on bail by this Court vide order dated 07.07.2025 passed in Criminal Misc. Bail Application No.6254 of 2025 and case of the present applicants is on exact parity with the case of Subhash, therefore, on the basis of principles of parity, the present applicants may also be enlarged on bail. Learned counsel for the applicants has further stated that the investigation is going on and if the present applicants are released on bail, they shall cooperate in the investigation and if charge sheet is filed against them, they shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicants shall abide by all terms and conditions of the bail order. 4. Learned AGA for the State has opposed the bail application but could not dispute the submissions of the learned counsel for the applicants. 5. 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 the applicants are not named in the FIR and their complicity has come into light in the supplementary statement of the complainant; co-accused Subhash having similar role has been enlarged on bail by this Court; the applicants are having no prior criminal history of any kind whatsoever and undertaking of the applicants that they shall cooperate in the investigation/trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicants on bail. 6. Accordingly, the bail application is allowed. 7. Let applicants- Subham, Shivam and Ramkumar be released on bail in the aforesaid case crime number on each of them 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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicants 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 applicants 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 them in accordance with law. (v) The applicants shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 1.8.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench