Neutral Citation No. - 2025:AHC:35673 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4019 of 2025 Applicant :- Raj Opposite Party :- State of U.P. Counsel for Applicant :- Ali Jamal Khan,Neeraj Srivastava,Rayoof Ali Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. This is the third bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 30 of 2024 at Police Station- Kalwari, District- Basti under Sections 147, 148, 149, 452, 307, 302, 323, 325, 504, 326 IPC and Section 7 of Criminal Law Amendment Act. The applicant is in jail since 22.07.2024. The first and second bail applications of the applicant were rejected by this Court on 11.11.2024 and 20.01.2025. The following arguments made by Shri N.I. Jafri, learned Senior Counsel assisted by Shri Ali Jamal Khan, learned amicus curiae on behalf of the applicant, which could not be satisfactorily refuted by Sri Ranjit Sagar, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant is a law abiding citizen who did not abscond nor he is fugitive of law. He had cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor influenced any witness. 2. The applicant never adopted any dilatory tactics or impeded the process of the trial. 3. The applicant was not aware of the pendency of the criminal proceedings. He was never served summons nor warrants were executed against him. The applicant became aware of the criminal proceedings after the proceedings under Sections 82/83 Cr.P.C. were initiated against him and his family and his property was attached. The applicant on getting knowledge of the aforesaid fact was returning to surrender before the trial when he was arrested. 4. The applicant claims congruency in role and seeks parity in relief granted to the co-accused person- Kalawati who has been granted bail by this Court on 23.09.2024 in Criminal Misc. Bail Application No. 32025 of 2024. 5. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Raj be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iii) The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. The Court appreciates the assistance rendered by Shri Ali Jamal Khan, Amicus Curiae (A/A 0518/2019). The High Court Legal Services Authority may kindly make the fee payment to Shri Ali Jamal Khan, Advocate on the approved remuneration who represented the applicant as Amicus Curiae before this Court. Order Date :- 11.3.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad