Neutral Citation No. - 2025:AHC:14122 Court No. - 35 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2927 of 2025 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard Mr. Vijit Saxena, learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. By means of this application, the applicant is seeking enlargement on bail in Case Crime No.179 of 2023, under Sections 307, 504, 34, 323, 506, 302 IPC, Police Station Balaini, District Baghpat. 3. Learned counsel for the applicant submits that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Applicant has never committed any offence as alleged in the impugned FIR even there is no direct or indirect evidence against the applicant. There are four accused persons in the FIR. Only general role has been assigned against the applicant. No specific role has been assigned against the applicant. Further submission is that the trial has been started and as many as five witnesses, who are first informant, injured witnesses, have been examined and they have not supported the prosecution story and have turned hostile. Further submission is that similarly placed co-accused, namely, Ravindra, Mohit and Rahul have already been enlarged on bail by this Court vide orders dated 26.09.2024, 3.1.2025 and 3.1.2025 passed in Criminal Misc. Bail Application Nos.32110 of 2024, 39885 of 2024 and 41101 of 2024, copy of the bail orders has been annexed as Annexure No. 13 to the affidavit filed in support of bail application. Further submission is that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 27.10.2023 having no previous criminal history. 4. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. 5. I have perused the bail orders of the co-accused persons and find that the role assigned to the present applicant is almost similar to that of co-accused persons, who have already been granted bail by this Court. 6. On the other hand, learned AGA has opposed the application for bail but could not dispute the submission raised by learned counsel for the applicant. 7. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 8. Let the applicant- Rohit, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. 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. (ii) The applicant 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 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if 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 174-A IPC. (iv) 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. If in the opinion of the Trial Court absence of the applicant is deliberate or 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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 9. In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. 11. With the above observation/direction, the instant bail application is allowed. Order Date :- 31.1.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad