Neutral Citation No. - 2025:AHC-LKO:4663 . Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10146 of 2024 Applicant :- Santosh Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. Counsel for Applicant :- Rajendra Prasad Mishra Counsel for Opposite Party :- G.A.,Anil Kumar Verma,Saima Khan Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rajendra Prasad Mishra, learned counsel for the applicant, Sri Ran Vijay Singh, learned A.G.A. for the State and Sri Anil Kumar Verma, learned counsel for the opposite party. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 19.5.2024 in Case Crime No. 138 of 2024 u/s 302, 34 IPC, P.S. Dhanepur, District Gonda. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against five named accused persons and some unknown accused persons. The F.I.R. has been lodged after two days of the incident. The present applicant is son of the deceased lady and as per allegations he with the help of his wife, son and other family members murdered his own mother for one property which she was willing to gift her daughter. Attention has also been drawn towards the order dated 28.8.2024 passed by this Court granting bail to the wife of the present applicant bearing Criminal Misc. Bail Application No. 9038 of 2024. He has also drawn attention of this Court towards the bail order dated 30.9.2024 granted in favour of son of the present applicant namely, Avesh Singh @ Vivek. Both the bail orders have been granted by Hon'ble Pankaj Bhatia, J. but this bail has been released by the Court, therefore, it has been listed before this Court. 4. Learned counsel has submitted since on similar grounds aforesaid bail applications of wife and son of the applicant have been granted, therefore, on the basis of principles of parity this bail application may be granted. The applicant has no prior criminal history of any kind whatsoever. The charge-sheet has been filed in this case. 5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the F.I.R. the allegation has been levelled against five named accused persons and some unknown accused persons, F.I.R. has been lodged after two days of the incident, on similar grounds bail applications of wife and son of the applicant have been granted by this Court, the applicant has no prior criminal history of any kind whatsoever, charge-sheet has been filed in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 8. Bail application is allowed. 9. Let the applicant Santosh Singh, involved in aforesaid case crime 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 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, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (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.may be issued and if 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 Indian Penal Code. (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. 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 the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 23.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench