Neutral Citation No. - 2025:AHC-LKO:4951 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12591 of 2024 Applicant :- Gaya Prasad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko Counsel for Applicant :- Ripu Daman Shahi,Arun Pratap Singh,Saurabh Singh,Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State. 2. It has been informed that the bail applications of co-accused namely Rinku and Deepu have been allowed by Hon'ble Pankaj Bhatia, J. vide order dated 04.10.2024 & 07.11.2024 passed in Criminal Misc. Bail Application No. 10787 of 2024 and Criminal Misc. Bail Application No. 11640 of 2024, respectively. However, the present bail application was released by Hon'ble Pankaj Bhatia, J., hence, it has been listed before the regular Court. 3. Learned counsel for the applicant has stated that the present applicant is in jail since 14.06.2024, in FIR/ Case Crime No. 0223 of 2024, under Sections 323, 504, 506, 336, 308, 304, 34 IPC, Police Station- Atrauli, District- Hardoi, Uttar Pradesh. 4. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein similar allegations have been levelled against three accused persons including the applicant. Learned counsel for the applicant has further submitted that the co-accused namely Rinku and Deepu have been granted bail by Hon'ble Pankaj Bhatia, J. vide order dated 04.10.2024 & 07.11.2024 passed in Criminal Misc. Bail Application No. 10787 of 2024 and Criminal Misc. Bail Application No. 11640 of 2024, respectively. He has stated that the role attributed to the present applicant is similar to the role assigned to the aforesaid co-accused persons. He has also submitted that the applicant is entitled to be enlarged on bail on the ground of parity. He has stated that the applicant has no prior criminal history of any kind whatsoever. 5. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 6. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 7. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact similar allegations have been levelled against three accused persons including the applicant; the co-accused namely Rinku and Deepu have been granted bail by Hon'ble Pankaj Bhatia, J. vide order dated 04.10.2024 & 07.11.2024 passed in Criminal Misc. Bail Application No. 10787 of 2024 and Criminal Misc. Bail Application No. 11640 of 2024, respectively; the role attributed to the present applicant is similar to the role assigned to the aforesaid co-accused persons; the applicant has no prior criminal history of any kind whatsoever and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Gaya Prasad 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. (Rajesh Singh Chauhan,J.) Order Date :- 23.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench