Neutral Citation No. - 2025:AHC-LKO:43589 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6838 of 2025 Applicant :- Brijesh Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. 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 Shri Manoj Kumar Verma, Advocate holding brief of Shri Rahul Kumar Singh, learned counsel for the applicant and Shri Alok Kumar Singh, learned AGA for the State. 2. The present applicant is in jail since 18.05.2025 in Case Crime no. 167 of 2025, under Sections 191(2), 115(2), 333, 351(2), 352, 324(2), 105, 3(5) of BNS, 2023 lodged at Police Station Sarojni Nagar, District Lucknow. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned First Information Report, wherein, the specific allegation of beating and assault has been attributed to 4 named accused persons and 3 to 4 unknown persons. The present applicant is named in the First Information Report. While recording statement under section 180 BNS, the complainant has not levelled any specific allegation against the present applicant. The present applicant has one prior criminal history which has been explained. Learned counsel has further stated that the co-accused Subhash has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 6254 of 2025 vide order dated 07.07.2025, the co-accused Prem has also been granted bail vide order dated 15.7.2025 in Criminal Misc. Bail Application No. 6402 of 2025 and the co-accused, Rakesh Rawat has also been enlarged on bail by this Court vide order dated 24.07.2025 passed in Criminal Misc. Bail Application No.6668 of 2025. The case of the present applicant is similar and identical with the co-accused, Subhash, Prem and Rakesh Rawat and on the principles of parity the applicant is also entitled for bail. The applicant undertakes that if he is enlarged on bail, he shall abide by all terms and conditions of the bail order, shall not misuse the liberty of bail and shall cooperate in the trial proceedings. 5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 22.05.2025; co-accused Subhash, Prem and Rakesh Rawat have already been enlarged on bail; case of the applicant is similar and identical with the case of co-accused Prem and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let applicant- Brijesh Rawat 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 file an undertaking to the effect that he / she 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 / her 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 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 / her, 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 without previous 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