Neutral Citation No. - 2025:AHC:62380 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4694 of 2025 Applicant :- Deepak Tyagi Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Atul Kumar, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Deepak Tyagi, seeking enlargement on bail during trial in connection with Case Crime No. 399 of 2024, under Sections 318(2), 338, 336(3), 340(2), 61(2), 317(5), 111, 336(1) BNS, 2023 registered at Police Station Kotwali Nagar, District Muzaffar Nagar. 4. The FIR of the matter has been lodged against the applicant and 8 other persons alleging therein that one person was arrested and then it was discovered that the accused persons are using fake registration number of the car and further on the pointing out of the accused persons 13 vehicles were recovered which have been purchased on the basis of fake loan documents and the accused persons are involved in an organized crime. 5. Learned counsel for the applicant submits that although the applicant is named in the FIR but the allegations are totally vague. It is submitted that co-accused Gulbahar, Pradeep, Musharraf Hussain @ Musa, Shah Alam and Abdul Kadir have been granted bail by a co-ordinate Bench of this Court vide orders dated 02.01.2025, 09.01.2025, 10.01.2025, 17.02.2025 and 27.02.2025 passed in Crl. Misc. Bail Application Nos. 46877 of 2024 (Gulbahar Vs. State of U.P.), 763 of 2025 (Pradeep Vs. State of U.P.), 47071 of 2024 (Musharraf Hussain @ Musa Vs. State of U.P.), 1173 of 2025 (Shah Alam Vs. State of U.P.) and 2628 of 2025 (Abdul Kadir Vs. State of U.P.), copy of the orders of Gulbahar, Pradeep and Musharraf Hussain @ Musa have been annexed as annexure 2 to the affidavit whereas the other two orders of co-accused Shah Alam and Abdul Kadir have been loaded. It is submitted that the applicant is claiming parity. It is further submitted that the applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 17.01.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that the said co-accused have been granted bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that co-accused Gulbahar, Pradeep, Musharraf Hussain @ Musa, Shah Alam and Abdul Kadir have been granted bail. The applicant has no criminal antecedents. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant Deepak Tyagi, be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. Order Date :- 24.4.2025 M. ARIF/e-file (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad