HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7872 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 21.05.2025 in FIR/Case Crime No.0130 of 2025, under Sections 191(2), 115(2), 352, 351(3) & 105 of B.N.S., Police Station Kotwali Tanda, District Ambedkar Nagar. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein general allegation of assault and beating has been attributed to seven named accused persons including the present applicant and six unknown persons. No specific role has been attributed to the present applicant. In the FIR, no motive or intention has been indicated. It is contended on behalf of the applicant that applicant does not belong to the family of the complainant or the deceased. Cross-FIR has been lodged from the accused side also which is on record as Annexure No.2. Applicant has no criminal history. Further, nothing incriminating has been recovered from the present applicant inasmuch as bamboo cane (Danda) has been recovered on the pointing out of co-accused Mohd. Akbar. The present applicant is having no prior criminal history of any kind whatsoever. Charge sheet has been filed. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order Versus Counsel for Applicant(s) : Ghulam Mohammad Kamil, Mohammad Affan Counsel for Opposite Party(s) : G.A. Saeed Anwar .....Applicant(s) State Of U.P. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s) and shall cooperate in the trial proceedings. It is lastly submitted that co- accused persons namely, Gulfam Raza @ Sonu, Abdul Jalal & Mohd. Arman have been granted bail by this Court vide orders dated 07.08.2025, 23.07.2025 & 11.08.2025 passed in Criminal Misc. Bail Application Nos.7245/2025, 6753/2025 & 7363/2025 respectively to which applicant seeks parity. 4. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicant. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that general allegation of assault and beating has been attributed to seven named accused persons including the present applicant and six unknown persons; no specific role has been attributed to the present applicant; no motive or intention has been indicated in the FIR; nothing incriminating has been recovered from the present applicant; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail so also the bail orders of aforesaid co-accused persons to which applicant seeks parity, I find it appropriate to release the applicant on bail. 6. Accordingly, the bail application is allowed on the grounds of parity. 7. Let applicant- Saeed Anwar be released on bail in the aforesaid case crime number 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:- (i) 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. (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, BAIL No. 7872 of 2025 2 without sufficient cause, the trial court may proceed against him under Section 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 84 of the 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 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 351 of the 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. (v)The applicant shall not leave India without previous permission of the court. August 26, 2025 Saurabh Yadav/- BAIL No. 7872 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench