Neutral Citation No. - 2025:AHC-LKO:43586 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6852 of 2025 Applicant :- Rajesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suhail Kashif Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Suhail Kashif, learned counsel for the applicant and Shri Ran Vijay Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 18.03.2025 in Case Crime No. 102 of 2025 under Sections 3(5), 115(2), 352, 351(3), 105 of B.N.S., 2023, Police Station-Ramnagar, District-Barabanki. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. wherein general allegation of assault and beating has been attributed to seven accused persons. So as to implicate the entire family, the concocted prosecution story has been prepared. No specific role has been attributed to the present applicant. The applicant is having no criminal history of any kind whatsoever. 4. Attention has been drawn towards the anticipatory bail order dated 09.07.2025 passed in Criminal Misc. Anticipatory Application U/S 482 B.N.S.S. No.817 of 2025 whereby the co- accused, namley-Malti Devi has been granted anticipatory bail and the order dated 15.07.2025 passed by this Court in Criminal Misc. Bail Application No.4364 of 2025 whereby the co- accused, namely-Gayatri, Babli and to the order dated 24.07.2025 passed in Criminal Misc. Bail Application No.6685 of 2025 whereby the co-accused, namely-Ramsagar have already been granted bail. The case of the present applicant is similar to the co-accused, namely-Gayatri, Babli and Ramsagar. 5. Learned Counsel for the applicant has further submitted that the co-accused persons, namely-Gayatri, Babli and Ramsagar who have been assigned the similar role, have been enlarged on bail by this Court. He also submits that since similar role has been assigned to the present applicant and case of the applicant is in parity with the co-accused persons, therefore, the present applicant is also entitled for bail. He has further submitted that charge-sheet has already been filed, there is no apprehension of absconding or tampering the evidence or witnesses. 6. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 7. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that the co-accused person namely, Gayatri, Babli and Ramsagar, who have been assigned the similar role, has been enlarged on bail by this Court vide orders dated 09.07.2025, 15.07.2025 and 24.07.2025 passed in Criminal Misc. Anticipatory Application U/S 482 B.N.S.S. No.817 of 2025 and Criminal Misc. Bail Application Nos. 4364 of 2025 and 6685 of 2025 respectively, therefore, on the principle of parity the applicant is entitled to be released on bail in this case. 9. Bail application is allowed. 10. Let the applicant-Rajesh Kumar involved in aforesaid case 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 which are being imposed in the interest of justice:- (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 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 84 of B.N.S.S., 2023 may be issued and if 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 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 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 / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court (Rajesh Singh Chauhan, J.) Order Date :- 29.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench