HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9019 of 2025 Court No. - 28 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. This is the second bail application. First bail application was rejected by this Court vide order dated 07.11.2023 passed in Criminal Misc. Bail Application No.13172 of 2023. 3. The present application under Section 439 Cr.P.C. has been filed seeking bail in S.T. No.1330 of 2023, Case Crime No.266 of 2023, under Sections 323, 325, 504, 506 and 304 IPC, Police Station Unchahar, District Raebareli. 4. Learned counsel for the accused-applicant submits that co-accused Susheel Kumar has been granted bail by this Court vide order dated 04.09.2025 in Criminal Misc. Bail Application No.995 of 2025. He further submits that case of the applicant is at par with the co-accused Susheel Kumar. Applicant has been in jail since 07.06.2023 and there is no criminal history against him. He, therefore, prays that accused-applicant is also entitled for bail on the ground of parity. 5. Sri Rajdeep Singh, learned AGA-I has opposed the prayer for bail, but could not dispute the fact that co-accused Susheel Kumar has been granted bail by this Court in his second bail application after considering the fresh cause of action and the statements of P.W.-1 and P.W.-3. 6. Considering the over all facts and circumstances of the case; the argument that co- accused, having similar role, has been granted bail by this Court in his second bail application after considering the fresh cause of action and the statements of P.W.-1 Versus Counsel for Applicant(s) : Jaikaran Counsel for Opposite Party(s) : G.A. Dinesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) and P.W.-3; the argument that applicant has been in jail since 07.06.2023 and there is no criminal history against him, it would be appropriate to enlarge the accused- applicant on bail. 7. Let applicant-Dinesh Kumar be released on bail in the above Session Trial/case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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. (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. 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. (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. September 24, 2025 Rao/- BAIL No. 9019 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench