HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12398 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as also the learned A.G.A. for the State and perused the record. The applicant has filed this application seeking bail in Case Crime No. 635 of 2025 under Section 304(2) B.N.S., Police Station-Kotwali Sadar, District- Lakhimpur Kheri. Learned counsel for the applicant submits the offence is triable by the Magistrate and carries a maximum sentence of three years. The applicant has not been arrested from the spot. The incident is of 08.08.2025 and applicant was arrested on 03.10.2025 based on secret information provided by an informer. The applicant has a criminal history of four cases, which has been explained in 19 of the bail application. It is further submitted that co-accused Brijesh Sharma @ Rajkumar has already been enlarged on bail by the Court concerned vide order dated 03.11.2025 passed in Bail Application No. 1632 of 2025. It has been further submitted that applicant is in jail since 04.10.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. opposed the bail, but he could not dispute the facts stated above. Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Deepak Awasthi @ Deepu .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) On due consideration of the fact, including the period of incarceration undergone by the applicant and nothing that the identification parade has not been conducted, the applicant is in jail since 04.10.2025 and co-accused Brijesh Sharma @ Rajkumar has been enlarged on bail by the Court concerned, I am of the view that it is a fit case for enlarging the applicant on bail on parity. The application is accordingly allowed on the ground of parity. Let the applicant-Deepak Awasthi @ Deepu be released on bail in the aforesaid F.I.R./Case Crime number on his furnishing a personal bond and two sureties, each in the like amount to the satisfaction of the court concerned, on the following conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 10, 2025 Vinay/- BAIL No. 12398 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench