Neutral Citation No. - 2025:AHC-LKO:41051 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11300 of 2024 Applicant :- Anil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Kaushal Kishore Tewari,Mohd. Salman Counsel for Opposite Party :- G.A.,Ramakar Shukla Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. 2. Learned counsel for the applicant has filed rejoinder affidavit wherein he has explained the criminal history of one case (Annexure-RA-1), same is taken on record. 3. As per learned counsel for the applicant, the present applicant is languishing in jail since 29.05.2024 in Case Crime No.0172 of 2024 under Sections 364, 302, 201 IPC, Police Station- Kotwali Dehat, District- Pratapgarh. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. At the very outset, learned counsel for the applicant has shown the bail orders of the co-accused persons Dharmendra Kumar and Pramod Kumar @ Pappu Harijan, who have been granted bail on 18.06.2025 and 08.07.2025 in Crl. Misc. Bail Application Nos. 5440/2025 & 3856/2025 by submitting that the role of the present applicant is similar and identical. This fact has not been disputed by learned AGA. Therefore, the present applicant may be enlarge on bail on the basis of principles of pairity. 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. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant, however, they submitted that this is a pairity case. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that co-accused persons Dharmendra Kumar and Pramod Kumar @ Pappu Harijan, who have been granted bail on 18.06.2025 and 08.07.2025 in Crl. Misc. Bail Application Nos. 5440/2025 & 3856/2025, role of the present applicant is similar and identical, and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant (Anil Kumar), 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. The applicant shall not leave the country without permission of the Court concerned. Order Date :- 17.7.2025/Reena (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench