Neutral Citation No. - 2025:AHC-LKO:47568 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7591 of 2025 Applicant :- Lalu Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard Sri Vinod Kumar, learned counsel for the applicant and learned Additional Government Advocate for the State and perused the record. The present application has been filed seeking release of the applicant on bail in Case Crime No. 536 of 2024, under Sections 376-D, 392, 506 I.P.C., registered at Police Station Maholi, District Sitapur. Initially Sushila Tiwari W/o co-accused Lalu Tiwari (deponent of the affidavit filed in support of the present bail application) had lodged F.I.R. No.314 of 2024 against one Soni W/o Ritesh, Ritesh S/o Chandra Bhan and two other persons in furtherance of an application under Section 175 (3) BNSS alleging commission of offences under Sections 127(2), 74, 352, 351 and 309 (4) B.N.S. alleging molestation and snatching away a gold chain. On 25.10.2024, Sonu Devi W/o Ashish (informant of F.I.R. No.304/2024) has lodged the present F.I.R. on the basis of an application under Section 173 (4) BNSS against, the applicant, Lalu Tiwari and two unknown persons alleging that while she was waiting for some vehicle at about 10.00 a.m. on 30.06.2024 for going to Maigalganj, the accused persons forcibly dragged her into a four wheeler vehicle, took her to a jungle and raped her. She further alleged that the accused persons had snatched away a gold chain and ear rings. In the statement of the informant recorded under Section 161 Cr.P.C. she reiterated the F.I.R. version. In the medico legal examination report no mark of injury or sign of use of force has been reported. The radiological examination report of the informant mentions her age to be about 20 years. In the statement of the informant recorded under Section 164 Cr.P.C. she stated that she is aged 22 years and she reiterated the F.I.R version. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. Learned counsel for the applicant submits that the applicant has no criminal history. He is in jail since 17.7.2025. Co-accused Vijay Pal who was assigned similar role to that of the applicant has been granted bail by coordinate Bench of this Court vide order dated 9.4.2025 passed in Criminal Misc. Bail Application No.2979 of 2025. He seeks parity with the bail order of the said co-accused. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is an old animosity between the parties and a previous F.I.R. was lodged against the informant of the present case; the allegation of gang rape is not supported by the findings of medico legal examination report; that the applicant has no previous criminal history and he is languishing in jail since 17.07.2025 and the investigation already stands concluded; the applicant seeks parity with the bail order of co-accused Vijay Pal, and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity. Accordingly, this bail application stands allowed on the ground of parity. Let the applicant Lalu Tiwari be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the 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 :- 14.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench