HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12123 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State The present bail application has been filed by the applicant, who is involved in F.I.R./Case Crime No.490 of 2025, under Sections 109(1), 3(5) of BNS, 2023 and 3/25 of Arms Act, Police Station-Chinhat, District-Lucknow. It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. Learned counsel for applicant further submits that there is no role assigned to the applicant in the FIR and in the statement of Vinay Yadav, it is stated that he had fired on the injured and in the statement of Sonu Yadav, it is mentioned that the applicant was also involved in the case. However, there is no specific role assigned to the applicant. He further submits that the injury is also not serious. The applicant has no previous criminal history. 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 16.9.2025. The co-accused Abhishek Prajapati has been granted bail vide order dated 1.12.2025 passed in Bail No.11280 of 2025. The applicant seeks parity. Learned A.G.A, however, opposed the prayer for grant of bail but they have not disputed the above contention made by the learned counsel for the Versus Counsel for Applicant(s) : Brijesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Zulfi @ Saif .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) applicant to the extent that there is no specific role assigned to the applicant. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, bail order of the co-accused, noted above, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail and as such, the bail application is allowed on the ground of parity. Let applicant Zulfi alias Saif, 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 4, 2025 kkb/ BAIL No. 12123 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench