Neutral Citation No. - 2025:AHC-LKO:45686 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7306 of 2025 Applicant :- Kuldeep Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. Counsel for Applicant :- Shailendra Kumar Tiwari,Sanjay Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 142/2025, under Sections 3(5), 105, 61(2)(a), 352 B.N.S., Police Station- Haidergarh, District- Barabanki. While pressing the present application, learned counsel for the applicant submitted that the applicant having no criminal history is languishing in jail since 06.05.2025. Further submission is that in the FIR, general allegations have been levelled against five named and two un-named persons i.e. total eights persons, who caused injuries to the deceased. Specific role has not been assigned to anyone. Further submission is that recovery of single 'Danda' has been shown by the prosecution on the pointing out of co-accused Uma Shankar. It is also stated that if the story of prosecution is taken on its face value then the case of the applicant would fall under Section 105 B.N.S. akin to 304 Part II IPC and after conclusion of trial, the trial court after taking note of the aforesaid facts and circumstances including the fact that the accused-applicant has not been convicted previously for any offence, could extend the benefit of the provisions of the Probation of Offenders Act, 1958 to the applicant. It is further submitted that co-accused Babu Lal has already been granted bail by coordinate Bench of this Court vide order dated 31.7.2025 in Criminal Misc. Bail Application No.7081 of 2025. He seeks parity with the bail order of co- accused Babu Lal. Learned A.G.A. opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the applicant. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the applicant and learned A.G.A., F.I.R. as also the fact that the applicant has not been previously convicted for any offence and he is in jail since 06.05.2025 as also seeks parity with the bail order of co-accused Babu Lal, this Court finds that the present applicant is liable to be allowed. Accordingly, the application is allowed on the ground of parity. Let the applicant- Kuldeep Rawat be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 :- 6.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench