HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12342 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant, who is involved in F.I.R./Case Crime No.915 of 2025, under Sections 303(2) and 317(2) of BNS, 2023, Police Station-Kotwali Sadar, District-Kheri. Learned counsel for applicant further submits that the applicant is not named in the FIR. The applicant is innocent and has been falsely implicated in the case. False recovery of 30 bhagwa flags, 8 patka, 1 T-shirt and 9 school banners have been shown to be recovered from his possession. The applicant has criminal history of one case. It is further submitted that co-accused Manish Kumar, who has assigned similar role, has been granted bail by coordinate Bench of this Court vide order dated 28.11.2025 passed in Bail Application No.11862 of 2025. He seeks parity with the bail order of Manish Kumar. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 26.10.2025. Learned A.G.A has, however, opposed the prayer for grant of bail but Versus Counsel for Applicant(s) : Alok Kumar Dixit Counsel for Opposite Party(s) : G.A. Vishal Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) he has not disputed the above contention made by the learned counsel for the applicant. Considering the facts that the applicant is in jail since 26.10.2025, he has explained criminal history of one case, offence is triable by Magistrate as also considering the ground of parity with the bail order of co-accused Manish Kumar and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant Vishal Srivastava be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) 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. (2) 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. (3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. December 9, 2025 Madhu D.R/P.S BAIL No. 12342 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench