Neutral Citation No. - 2025:AHC:80335 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5546 of 2025 Applicant :- Brijesh Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Bandana Singh,Satyam Jaiswal,Ved Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No.417 of 2024, under Sections 305Ka, 317(2) BNS, Police Station - Akbarpur, District - Kanpur Dehat. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that recovery of Rs.5,500/- has been made from the possession of applicant. Criminal history of 20 cases against the applicant has been explained in paragraph no.2 of the supplementary affidavit. It is submitted that after investigation, charge sheet has been filed on 15.01.2025 and cognizance has been taken by the court concerned on 21.01.2025. It is further submitted that similarly placed co-accused, Brijesh, Nand Kishor and Sajjan have already been granted bail by co-ordinate Bench of this Court and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 23.11.2024. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard learned counsel for the applicant, Sri Vinay Kumar Singh, learned AGA and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused, Brijesh, Nand Kishor and Sajjan have already been granted bail by this Court, without commenting on merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Brijesh Kumar Gautam, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) 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 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 15.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad