Neutral Citation No. - 2025:AHC-LKO:44696 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7116 of 2025 Applicant :- Durga Prasad Rao Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the applicant in connivance with the co-accused persons on the pretext of sale of land and by showing forged documents to the complainant have taken Rs. 20 lakhs in their account and Rs. 23 lakhs in cash. Learned counsel for the applicant submits that the applicant is not named in the FIR. No amount has been received by him in his bank account. The alleged offences are triable by a Magistrate. It is next submitted that the co-accused persons namely, Kaptan Yadav @ Mahesh Yadav, Amit Kashyap, Ashok Kumar Chauhan and Shanti Devi have already been granted bail by this Court as well as by the coordinate benches of this Court vide orders dated 1.7.2025, 29.5.2025, 27.6.2025 and 22.07.2025 passed in Criminal Misc. Bail Application Nos. 6137 of 2025, 4810 of 2025, 5776 of 2025 and 5092 of 2025 respectively. Learned counsel for the applicant claims parity with the order of co-accused persons. It is further submitted that the applicant has no criminal history and he is languishing in jail since 02.06.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and submitted that it is a gang of the applicant with the co-accused who have defrauded the other persons in the vicinity. Thus, it is a serious offence. On due consideration to the submissions advanced, perusal of the record, the bail orders of the aforesaid co-accused persons; he has no criminal antecedents and he is languishing in jail since 02.06.2025; the alleged offences are triable by a Magistrate and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant- Durga Prasad Rao involved in Case Crime No.61 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2) BNS, P.S. Khargupur, District Gonda, 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 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 1.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench