Neutral Citation No. - 2025:AHC-LKO:39490 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12492 of 2024 Applicant :- Satish Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Shashi Kant Tripathi,Sudhir Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Sudhir Kumar Singh, learned counsel for the applicant and Sri Nikhil Singh, learned A.G.A-I for the State. 2. As per learned counsel for the applicant, the present applicant (Satish Upadhyay) is languishing in jail since 07.08.2024 in Case Crime No.224 of 2024, under Sections 103(1) and 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station-Jahangirabad, District- Barabanki. 3.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards impugned FIR, wherein the allegation has been levelled against one Rakesh Kumar and four other unknown persons. The present applicant is not named in the F.I.R. However during the course of investigation, the complicity of the present applicant has been found. Therefore, the charge-sheet has been filed against three accused persons including the present applicant. 5.Learned counsel for the applicant has stated that the present applicant is a student of LL.B and pursuing his LL.B. from Sai Law College, Barabanki. He has also submitted that one more student, namely, Nagendra Kumar Verma, co-accused of this case, has been granted bail by this Court vide order dated 01.07.2025 passed in Criminal Misc. Bail Application No.12480 of 2024. Therefore, the present applicant may also be enlarged on bail on the basis of principles of parity. If the present applicant is released on bail, he may be able to pursue his study. The present applicant has no prior criminal history of any kind whatsoever. The charge-sheet has been filed. He has undertaken on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings properly and shall abide by all terms and conditions of bail, if granted. 6. On the other hand, learned Additional Government Advocate has, however, opposed the prayer for bail by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 7. Therefore, without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the applicant is a student of LL.B; the co-accused, Nagendra Kumar Verma has been granted bail by this Court vide order dated 01.07.2025 (supra); the present applicant is having no prior criminal history of any kind whatsoever; 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, I am of the view that the present applicant may be enlarged on bail. 8. Bail application is allowed. 9. Let the applicant (Satish Upadhyay), 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/269 of the B.N.S., 2023. (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./ 84 of B.N.S.S., 2023 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/ 208 of the B.N.S., 2023. (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./ 351 of B.N.S.S., 2023. 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. . [Rajesh Singh Chauhan,J.] Order Date :- 10.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench