Neutral Citation No. - 2025:AHC-LKO:37058 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11816 of 2024 Applicant :- Durgesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Sagar Singh,Aditya Kumar,Anita,Shri Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Anita, learned counsel for the applicant and Ms. Rafiya Farooqui, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 13.6.2024 in Case Crime No. 220 of 2024, u/s 302, 201 IPC, P.S. Atrauli, District Hardoi. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. which has been lodged against one unknown person inasmuch as no specific allegation has been alleged against anyone, however, during the investigation the applicant and Shankar @ Ravi who are real brothers were arrested and as per the allegations both the the accused persons have killed their own sister on the basis of suspicion that she was having illicit relation with one person having another religion. 4. Learned counsel has stated that the charge-sheet has been filed and on the basis of evidences so appreciated in the charge-sheet the allegation against the present applicant could not be substantiated as no incriminating material has been found against him. Learned counsel has stated that though there is no independent eye witness or last seen evidence but on the basis of confessional statement of the present applicant and his co-accused brother Shankar @ Ravi the charge-sheet has been filed. The present applicant was having no prior criminal history of any kind whatsoever. The co-accused Shankar @ Ravi has been granted bail by this Court on 30.5.2025 vide Criminal Misc. Bail Application No. 4864 of 2025 (Shankar @ Ravi vs. State), therefore, on the basis of parity he the applicant may also be enlarged on bail. 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. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of F.I.R. and fact that F.I.R. has been lodged against one unknown person inasmuch as no specific allegation has been alleged against anyone, the charge-sheet has been filed and on the basis of evidences so appreciated in the charge-sheet the allegation against the present applicant could not be substantiated as no incriminating material has been found against the applicant, there is no independent eye witness or last seen evidence but on the basis of confessional statement of the present applicant and his co-accused brother Shankar @ Ravi the charge-sheet has been filed, applicant is having no prior criminal history of any kind whatsoever, the co-accused Shankar @ Ravi has been granted bail by this Court on 30.5.2025 vide Criminal Misc. Bail Application No. 4864 of 2025 (Shankar @ Ravi vs. State), therefore, on the principle of parity the applicant is entitled to be released on bail in this case. 8. Bail application is allowed. 9. Let the applicant Durgesh, involved in aforesaid case crime be released on bail on her 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 she 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 her 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 her in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 1.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench