Neutral Citation No. - 2025:AHC:25831 Court No. - 35 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4998 of 2025 Applicant :- Afsar Opposite Party :- State of U.P. Counsel for Applicant :- Irfan Alim Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard Mr. Irfan Alim Siddiqui, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record. 2. By means of this application, the applicant is seeking enlargement on bail in Case Crime No.0285 of 2024, under Sections 317 (2), 317(4), 317 (5), 111 BNS, Police Station Gambhirpur, District Azamgarh. 3. Submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Applicant has never committed any offence as alleged in the impugned FIR even there is no direct or indirect evidence against the applicant. As per FIR, there are 17 accused persons including the applicant. Further submission is that similarly placed co-accused, namely, Sunil Pandey, Nikhil @ Kripashankar Vishwakarma, Satish Yadav, Shubham Pandey, Rohit Pathak, Sanjay Sahni, Brijesh Sahani, Ajay Yadav, Firoz, Mahesh Gond, Amir, Ahad, Jagdish Gupta, Praveen Pathak @ Monu, Prashant Pathak Alias Golu and Ranvijay Pathak @ Om have already been enlarged on bail by this Court, copy of the bail orders has been annexed as Annexure No. 2 to the affidavit filed in support of bail application. Further submission is that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 09.01.2025 having no previous criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant. 5. I have perused the bail orders of co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused who have already been enlarged on bail. 6. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. 7. Let the applicant-Afsar, involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions : (i) 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. (ii) 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 269 BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNS, 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. (iv) 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. 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. 10. With the above observation/direction, the instant bail application is allowed. Order Date :- 24.2.2025 Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad