Neutral Citation No. - 2025:AHC-LKO:43031 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6845 of 2025 Applicant :- Mo. Rizwan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Zeeshan Ali,Arpit Verma,Tarun Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail during the trial in Case Crime No. 389 of 2024, under Sections 303(2), 317(4), 317(5), 340(2), 318(4), 338, and 336(3) of the Bharatiya Nyaya Sanhita, Police Station Kotwali Ayodhya, District Ayodhya/Faizabad. As per the FIR, it is alleged that the complainant's white Bolero vehicle, which was parked on 19.07.2024, was stolen by three unknown miscreants after they broke the vehicle's lock. The incident was purportedly captured on CCTV footage. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name surfaced only in the confessional statement of co- accused Suresh Gupta. No recovery has been made from the applicant. It is further submitted that no charge sheet under Section 317(2) BNS has been filed against the applicant, whereas against the co-accused persons Suresh Gupta, Shivpujan Vishwakarma, Suraj Gupta, and Mohammad Mustaqeem, charge-sheet has been filed. Therefore, the applicant stands on a better footing than the said co-accused persons. It is also pointed out that co-accused Prince Gupta and Manoj Kumar Gupta have already been granted bail, and their bail orders have been collectively annexed as Annexure-4 to the bail application. The applicant seeks parity with the said co-accused. Specifically, co-accused Prince Gupta has been granted bail by this Court vide order dated 27.06.2025 passed in Criminal Misc. Bail Application No. 5780 of 2025, and the applicant seeks parity with the said order. It is further submitted that the applicant has explained his criminal history in paragraph 4 of the bail application. The applicant is languishing in jail since 14.05.2025. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail but he could not dispute the fact that identically situated co-accused has already been granted bail by this Court. On due consideration to the fact that identically situated co-accused Prince Gupta has already been granted bail by this Court; he has explained criminal history of the applicant in para 21 of the bail application; the applicant is languishing in jail since 14.5.2025; undertaking of the applicant that he will co-operate in the trial proceedings and without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant Mo. Rizwan involved in the aforementioned crime be released on bail, 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 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 IPC (now Section 269 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 proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). Order Date :- 25.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench