Neutral Citation No. - 2025:AHC-LKO:43445 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10907 of 2023 Applicant :- Suaib Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sushil Pandey,Dhananjai Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. Learned counsel for the applicant argued that the co accused Shahjan and Kallu @ Naseem were enlarged on bail vide orders 24.05.2023 & 05.07.2023, in all other respects, there is an exact parity in terms of the allegations and the material collected to connect the applicant with the offence in question. The applicant is in jail since 30.01.2023 having no criminal history, hence the applicant may be released on bail. 3. Learned Additional Government Advocate has opposed the aforesaid bail but did not dispute the aforesaid contentions of learned counsel for the applicant. 4. Considering the fact that there is a parity with respect of the co accused with regard to the allegations and the evidence collected particularly the fact that the applicant is in custody since 30.01.2023 and has no criminal history and for all the reasons recorded in the bail orders of the co accused dated 24.05.2023 & 05.07.2023, without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. 5. Accordingly, the bail application is allowed. 6. Let the applicant Suaib be released on bail in FIR/ Case Crime No.0039 of 2023, under Sections 302, 201 and 404/34 I.P.C., Police Station Khairabad, District Sitapur on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 under Section 229-A IPC/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 82 Cr.P.C./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, in accordance with law, under Section 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicants shall not leave the country without prior permission of the Court. 7. Before parting with, learned trial court is directed to expedite the trial invoking the provisions of Section 309 Cr.P.C./346 B.N.S.S. without giving any unnecessary adjournment to any of the parties, fixing short date, if possible, on day to day basis and if any of the parties does not cooperate in the trial court proceedings properly, any appropriate coercive steps may be taken by the trial court strictly in accordance with law. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench