HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11376 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the money bag of the informant containing Rs. 4,35,000/- got stolen. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is not named in the FIR. He was not arrested from the spot. The alleged recovery of Rs. 18,000/- cash from the applicant is false as there is no witness to the alleged recovery. Moreover, the co-accused Chaman Pathak has already been granted bail by the court below. The bail order is on record. Hence, the present applicant claims parity. Another co-accused Vishal Awasthi has also been granted bail vide order, Annexure No.3 to the bail application. It is further submitted that the applicant has no criminal history and he is languishing in jail since 3.5.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. On due consideration to the submissions advanced, perusal of the record, the Versus Counsel for Applicant(s) : Pradeep Kumar, Anshuman Singh, Himanshu Pathak Counsel for Opposite Party(s) : G.A. Rakesh Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) bail order of the co-accused, so also the fact that there is no witness to the alleged recovery; the applicant has no criminal antecedents and he is languishing in jail since 3.5.2025, 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 on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant- Rakesh Kashyap, involved in Case Crime No. 138 of 2025, under Sections 310(2), 317(3) of B.N.S., Police Station- Neemgaon, District- Lakhimpur Kheri, 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. November 19, 2025 kkb/ BAIL No. 11376 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench