Neutral Citation No. - 2025:AHC:68770 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11647 of 2025 Applicant :- Lallan Prasad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Km. Khushi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Ms. Khushi Jaiswal, learned counsel for applicants and Sri Bhupendra Pal Singh, learned AGA for State. 2. This is second bail application filed by applicants-Lallan Prasad and Bhullan Prasad in Case Crime No. 123 of 2022, under Sections 147, 323, 352, 304 IPC, Police Station Khampur, District Deoria. First bail application of applicants was disposed of vide order dated 16.03.2023 by assigning following reasons: “It is a case where persons from both sides have received injuries, however, one person has died from the side of complainant as well as nine injured persons have received multiple injuries by hard and blunt object. Presence of applicants appears to be established as there is a cross version also. Order of granting injunction appears to be dated 01.12.2021 whereas occurrence took place on 16.06.2022 and as such the dispute remains in regard to disputed land and also taking note that applicants are part of an unlawful assembly, therefore, assigning any specific role is not required. The fact of delay in lodging F.I.R. will be considered only at the time of trial. Therefore, considering presence of applicants at the place of occurrence, statements of injured witnesses and number of injuries suffered by injured and deceased indicates that applicants have actively participated in the crime in furtherance of common object of an unlawful assembly and also taking note that till date material witnesses have not been examined, therefore, prayer made for bail cannot be accepted, hence, rejected. ” 3. Learned counsel for applicants submits that it may be a case of parity since second bail application of similarly situated co-accused, Dharamraj was allowed by this Court vide order dated 23.11.2024 and she refers following part of order: “7. In the aforesaid circumstances, taking note that applicant is in jail since 01.09.2022 i.e. just more than 2 years and witnesses of facts have already been examined as well as that there is a cross version also and that the Court takes note of argument of learned counsel for applicant that in event of conviction, it may fall within parameters of Section 304-II I.P.C., therefore, this Court is of considered opinion that applicant has made out a case for bail.” 4. The Court takes note of report dated 21.04.2025 that now trial has further proceeded and out of 15 proposed witnesses, seven have been examined. 5. Learned AGA appearing for State has opposed the prayer for bail, however, submission with regard to parity is not disputed substantially. 6. In aforesaid circumstances, there is no reason for this Court to not grant parity to present applicant of aforesaid order passed in the case of co-accused, Dharamraj. 7. In view of above, this Court is of the view that applicants, who are in jail since 01.09.2022, i.e., for about two years and eight months, are also entitled for bail. 8. However, applicants are directed to remain present on each and every date as and when required by Trial Court during trial and in case any application for exemption on vague ground is filed, the same shall be a ground for Trial Court to cancel bail immediately. 9. Let the applicants-Lallan Prasad and Bhullan Prasad be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicants shall file an undertaking to the effect that they will not seek any adjournment or exemption from appearance on the date fixed in trial. 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. (iii) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C., may be issued and if applicants fail to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicants, if there is no other legal impediment. 10. 10. The identity, status and residential proof of sureties will be verified by Court concerned and in case of breach of any of the conditions mentioned above, Court concerned will be at liberty to cancel the bail and send the applicants to prison. 11. The bail application is allowed. 12. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. Order Date :- 1.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad