Neutral Citation No. - 2025:AHC:66646 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7011 of 2025 Applicant :- Ramdihal Prajapati @ Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Mani 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 bail in Case Crime No. 33 of 2023, under Sections 457, 380, 436, 411, 414 I.P.C., Police Station-Babhani, District- Sonbhadra. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent person and he has not committed any offence as alleged in the FIR. He was not named in the first information report and has been falsely implicated in this case. Recovery shown from the possession of the applicant is false. There is no independent witness of the alleged recovery. It is further submitted that similarly placed co-accused Lakhan Lal Prajapati, has already been granted bail by this Court vide order dated 19.05.2023 passed in Criminal Misc. Bail Application No.22669 of 2023 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. Criminal history of the applicant has been explained in para-17 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 28.03.2023. 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 Sri Krishna Mani, learned counsel for the applicant, Sri Vinay Kumar Singh, learned State Law Officer 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 Lakhan Lal Prajapati has already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant- Ramdihal Prajapati @ Guddu, 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. Order Date :- 29.4.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad