Neutral Citation No. - 2025:AHC-LKO:4952 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12389 of 2024 Applicant :- Rohit @ Vipinpal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vinod Kumar Dubey,Ankit Singh Counsel for Opposite Party :- G.A.,Saumya Singh Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 147 of 2023, under Section 323, 504, 506, 308 IPC, Police Station Hathgawan, District Pratapgarh. Contention of learned counsel for the applicants is that the applicants are innocent and they have falsely been planted by the police. He also submits that general role has been assigned to all the accused persons, including the present applicant and even injured has not assigned any specific role to the applicant. He also submits that the applicant no. 1 has no previous criminal history and applicant no. 2 has a case criminal history which has been explained. He further submits that identically situated co-accused, namely, Shyama Devi has already been granted bail by this Court vide order dated 16.12.2024 passed in Crl. Misc. Bail Application No. 12960 of 2024 and he is seeking parity of the same. He further submits that chargesheet has been filed and the applicants are always cooperating with the investigation proceeding and further there possibility that they will tamper the evidences. He also submits that the applicants are law abiding citizen and they are languishing in jail since 18.10.2024 and they undertake that they will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicants may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicants are involved in committing the offence and, as such, they are not entitled for bail but he could not dispute that the identically situated co-accused has already been released on bail. Having considered the submissions of learned counsel for the parties and after perusal of record, it transpires that general role has been assigned to all the accused persons; no specific role has been assigned to the applicant; identically situated co- accused has already been granted bail; applicant no. 1 has no previous criminal history and applicant no. 2 has a case criminal history which has been explained; chargesheet has been filed, as such there is no possibility that the applicant would tamper the evidences; the applicants are languishing in jail since 18.10.2024 and they have undertaken that they will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicants-Rohit @ Vipinpal and Dasrathpal, involved in the aforementioned crime be released on bail, on their furnishing personal bonds and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) The applicants 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.; and (4) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 24.1.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench