HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8917 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.286 of 2025, under Sections 70(1), 309(4), 351(3) BNS, P.S. Kotwali Nagar, District Raebareli. 3. Learned counsel for the applicant submits that co-accused Mohd. Riyaz against whom allegation of rape was levelled by the victim under Sections 180 & 183 BNSS has been granted bail by this Court vide order dated 03.09.2025 passed in Criminal Misc. Bail Application No.8383 of 2025. Applicant seeks parity with the bail order of co-accused Mohd. Riyaz (supra). 4. It is submitted by learned counsel for the applicant that name of the applicant has not been taken by the victim in her statement under Sections 180 & 183 BNSS. Name of the applicant has surfaced in the confessional statement of co-accused Riyaz. F.I.R. has been registered on the basis of vehicle number. The applicant has been implicated in this case only on the basis of suspicion without there being any corroborative evidence in the prosecution case. He submits that charge-sheet in the case has been filed. Applicant has no criminal history however, he is languishing in jail since 18.07.2025. Versus Counsel for Applicant(s) : Bharat Kumar Dixit Counsel for Opposite Party(s) : G.A. Kaseem .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 18.07.2025 having no criminal history, role assigned to the applicant and the bail order of the co-accused Mohd. Riyaz (supra) from whom the applicant seeks parity and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed on the grounds of parity. 8. Let the applicant Kaseem be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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 Panel Code (now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the BAIL No. 8917 of 2025 2 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 Panel Code (now Section 209 BNS). September 17, 2025 Saurabh Yadav/- BAIL No. 8917 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench