HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10269 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.08.2025 against five persons, including the applicant, stating that the informant is a girl aged 16 years, on 14.08.2025 she had come to Gorakhpur from her residence. After her work she had started up for going her home and when she woke up at about 01:00 p.m. on 15.08.2025, she found herself in a home at district Bahraich. 3. Co-accused persons Omkar Nath, his wife, mother and a small child were there. Omkar Nath and his mother stated that they would drop the complainant back home, they brought her to a place where the co-accused Ferai, Jhalusey and Kewal Prasad met them. Co-accused Kewal Prasad purchased her for Rs. 70,000/- and he took her to his home and forcibly kept her there. On 18.08.2025, the complainant made a call to no. 112 from the phone of Kewal Prasad and thereafter the police came there. 4. He further submits that victim, in her statement under Section 180 B.N.S.S, though has taken the name of the applicant, but has not levelled any specific allegation against the applicant and in her statement under Section 183 B.N.S.S, she has not taken the name of the applicant and has levelled allegation of selling and purchasing on Omkar Nath and Kewal Prasad. He further submits that the co-accused person namely Ferai, having similar role, has been granted bail by a co-ordinate bench of this court in Criminal Misc Bail Application No. 9415 of 2025 vide order dated 26.09.2025. The applicant seeks parity with the bail order of the said co-accused. Versus Counsel for Applicant(s) : Shiv Pal Singh, Anurag Singh Counsel for Opposite Party(s) : G.A. Jhaluse .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 5. It is further submitted that the applicant has no previous criminal history and is languishing in jail since 23.08.2025. There is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Learned A.G.A.has opposed the prayer for bail, but he could not dispute that it is a case of parity. 7. Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties, perusal of the statement of the victim recorded under Section 180 and 183 B.N.S.S, as also the role assigned to the applicant; the fact that co-accused namely Ferai, having similar role, has been granted bail by the co-ordinate bench of this court, the applicant is languishing in jail since 23.08.2025, the applicant seeks parity with the bail orders of co-accused Ferai and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Let the applicant Jhaluse, involved in Case Crime No. 0398 of 2025, under sections 143(4), 351(3) and 127(2) B.N.S, P.S. Kotwali Bhinga, District Shrawasti, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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 I.P.C. (now 269 BNS) (vi) 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. (now 84 BNSS) is BAIL No. 10269 of 2025 2 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 I.P.C. (now 209 BNS). 9. The application is allowed on the ground of parity. November 10, 2025 DiVYa BAIL No. 10269 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench