HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3527 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. Allegation against the applicant is that, without possessing any valid license or authorization, he was found to be in connivance with the co-accused persons in the preparation of forged date of birth certificates and Aadhaar Cards. Submission of learned counsel for the applicant is that the alleged recovery of Aadhaar updating forms, eight enrolment forms, and other related materials is false and fabricated. It is further submitted that there is no independent witness to substantiate such alleged recovery. The offences in question are triable by a Magistrate. The applicant has no previous criminal antecedents. It is further submitted that the co-accused, Vinod @ Shailendra Giri, who was assigned an identical role, has already been enlarged on bail by this Court vide order dated 02.05.2025 passed in Criminal Misc. Bail Application No. 3713 of 2025. Learned counsel for the applicant, therefore, seeks parity with the said co-accused. It is also submitted that the applicant id languishing in jail since 18.02.2025, is not a previous convict, and undertakes to cooperate with the trial proceedings. Versus Counsel for Applicant(s) : Prashant Arora, Ashish Raman Mishra, Devendra Kumar Singh, Madhulika Yadav, Manisha Yadav, Santosh Kumar Yadav Counsel for Opposite Party(s) : G.A. Shivcharan Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) It is further submitted that 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 AGA has opposed the bail prayer, contending that the FSL report lends corroboration to the prosecution version. In rebuttal, learned counsel for the applicant submits that a perusal of the FSL report filed by the State does not substantiate the prosecution case, and the annexures relied upon by the prosecution do not form part of the said report. Upon due consideration of the role assigned to the applicant, the fact that the co-accused Vinod @ Shailendra Giri, having a similar role, has already been granted bail, the offences being triable by a Magistrate, and taking into account that the applicant is languishing in jail since 18.02.2025 without any criminal antecedents, this Court is of the considered view that the applicant deserves to be enlarged on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Shivcharan Yadav involved in Case Crime No.21 of 2025 under Section 318(4), 319(2), 337, 338, 339, 341 BNS and Section 66C Information Technology Act, Police Station Harraiya, District Balrampur, 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 BAIL No. 3527 of 2025 2 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 82 Cr.P.C. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. November 10, 2025 R.C. BAIL No. 3527 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench