HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9408 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 523 of 2024 under sections 309(6), 127(2), 317(2) B.N.S P.S.- Kotwali Mankapur District - Gonda. 4. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the police has shown the recovery of one mobile phone though, the same has not been connected. He further added that the applicant has a case criminal history of one case which has been explained in the supplementary affidavit filed today and he is languishing in jail since 22.10.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 5. He further submits that the co-accused persons namely Deva and Rohit Yadav @ Dharmraj having similar role, have been granted bail by a co- ordinate bench of this court in Criminal Misc Bail Application No. 13168 of 2024 and Criminal Misc. Bail Application No. 12694 of 2024 vide orders dated 20.12.2024 and 09.12.2024 respectively. He seeks parity with the bail orders of the said co-accused. 6. Per contra, learned A.G.A appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is Versus Counsel for Applicant(s) : Shri Prakash Verma, Pinki Devi Counsel for Opposite Party(s) : G.A. Irshad Ali @ Monu .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) not entitled for any relief. 7. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 22.10.2024; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence; the applicant has a case criminal history of one case which has been explained in the supplementary affidavit; as also the fact that the co-accused persons namely Deva and Rohit Yadav @ Dharmraj having similar role have been granted bail coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 8. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 9. Let the applicant- Irshad Ali @ Monu involved in the aforementioned crime 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:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) 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 present in court. He 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 B.N.S. (iii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S 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 209 B.N.S. (iv) 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 BAIL No. 9408 of 2025 2 of statement under Section 351 B.N.S.S. 10. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 11. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. October 7, 2025 DiVYa BAIL No. 9408 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench