Neutral Citation No. - 2025:AHC-LKO:39480 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10214 of 2024 Applicant :- Rafeeq Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Mohammad Aslam Beg,Mohd Hatim,Shubham Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Mohd. Hatim and Shubham Chaurasiya, learned counsels for the applicant, Sri Bhanu Pratap Singh, learned AGA for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 109 of 2024, under Sections 323, 506, 304 IPC, Police Station Gomti Nagar Vistar, District Lucknow. 3. Learned counsels for the applicant have submitted that the applicant is innocent and he has falsely been implicated in the instant case due to ulterior motive. He further submits that general role has been assigned to all the accused persons including the present applicant and no specific role has been assigned to the present applicant, even by the witnesses or by the injured person. He further submits that there is one serious blow and as per the First Information Report, it has been stated that the injured was assaulted repeatedly which also do not corroborate with the story of the prosecution. Further submission is that the chargesheet has been filed in the case, as such, there is no possibility of tampering the evidence or threatening the witnesses. 4. Learned counsels for the applicant have further submitted that the applicant has no previous criminal history and he is languishing in jail since 02.09.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. He has further submitted that the bail of the co-accused person, namely, Munna Khan has been granted by this Court vide order dated 25.06.2025 passed in Criminal Misc. Bail Application No.11568 of 2024. Therefore, on the basis of principles of parity, the present applicant may also be enlarged on bail. 5. Per contra, learned Additional Government Advocate has, however, opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 6. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R., other material available on record, it transpires that general role has been assigned to all the accused persons and no specific role has been assigned, even by the witnesses or by the injured person; in the FIR it is stated that the injured was assaulted repeatedly which do not corroborate with the prosecution story; chargesheet has been filed in the matter, as such, there is no possibility of tampering the evidence or threatening the witnesses; the applicant is having no previous criminal history; and the undertaking of the present applicant that he shall co- operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted, and shall abide by all terms and conditions of bail order; also following the principles of parity as the co-accused person has already been granted bail by this Court vide orders dated 25.06.2025 (supra), I find it appropriate that the present applicant may be released on bail. Therefore, the instant bail application is allowed. 7. Let the present applicant (Rafeeq Ali) involved in the aforementioned 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:- (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/ 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 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 174-A of the Indian Penal Code/ 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 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. [Rajesh Singh Chauhan,J.] Order Date :- 10.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench