Neutral Citation No. - 2025:AHC-LKO:46880 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12584 of 2023 Applicant :- Om Prakash Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Ajmal Khan,Alok Kumar Yadav,Devendra Kumar Singh,Madhulika Yadav,Rajesh Kumar Counsel for Opposite Party :- G.A.,Pintoo Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as Shri Pintoo, learned counsel for the complainant/informant. 2. As per the learned counsel for the applicant, the present applicant is in jail since 04.11.2022 in FIR/Case Crime No. 436 of 2022, under Sections 147,148,149,504,506,302 IPC, Police Station- Sareni, District- Raebareli. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. 4. Learned counsel for the applicant has submitted that except the statement of the alleged eye-witnesses, nothing incriminating has been recovered from the possession of the applicant. The co-accused namely, Rambaran @ Rambaran Yadav and Guddu @ Akhilesh who were assigned the similar role have been granted bail by a Co-ordinate Bench of this Court vide orders dated 24.09.2024 & 24.01.2023 passed in Criminal Misc. Bail Application Nos.6812 of of 2023 & 913 of 2023 respectively to which applicant claims parity. He has further submitted that there are six accused in the present case and from perusal of the prosecution story, it is not clear as to who had inflicted the fatal injury upon the victim. Some accused persons were having 'farsa' and other fatal weapon. The victim sustained 17 ante-mortem injuries and most of them are incised wounds. 5. Learned counsel for the applicant has also submitted that the general allegations have been levelled against all the accused persons. One co-accused Guddu @ Akhilesh has been granted bail by this Court vide order dated 24.1.2023 passed in Criminal Misc. Bail Application No. 913 of 2023. 6. Learned counsel for the applicant has submitted that the present applicant is having no prior criminal history. Learned counsel has stated that the applicant undertakes that if he is released on bail, he shall abide by all terms and conditions of the bail order and shall not misuse the liberty of bail and shall participate in the trial proceedings. 7. Learned A.G.A. as well as the counsel for the complainant/informant have, however, opposed the prayer for bail but they could not dispute the aforesaid submissions of learned counsel for the applicant. 8. Without entering into the merits of the case; considering the arguments of learned counsel for the parties; contents and allegations of F.I.R.; except the statement of the alleged eye- witnesses, nothing incriminating has been recovered from the applicant; the co-accused persons namely, Rambaran @ Rambaran Yadav and Guddu @ Akhilesh (supra) have already been granted bail and applicant seeks parity; the applicant has been languishing in jail since 04.11.2022; the applicant has no prior criminal history; undertaking of the applicant that he shall abide by all conditions of the bail order and cooperate in the trial court proceedings, I find it appropriate to release the present applicant on bail. 9. Accordingly, the bail application is allowed on the grounds of parity. 10. Let the applicant- Om Prakash be released on bail in the aforesaid case crime number 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. (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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 11.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench