IMPORTANT POINT
The court granted bail based on the principle of parity, lack of prior criminal record, and the applicant's undertaking to cooperate with the trial.

JUDGMENT :

(Shree Prakash Singh, J.)

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0449 of 2024, under sections 191(2),191(3), 190,61(2),109,115(2) & 351(2) of the Bhartiya Nyay Sahhita, 2023, Police Station-Gomti Nagar, District -Lucknow.

3. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He next added that the applicant is not named in the First Information Report and even in the CCTV footage he is not found opening fire over the injured. Adding his argument he submits that co-accused-Yuvraj Singh having similar role, has been granted bail in Criminal Misc. Bail Application No.- 11591 of 2024, therefore, the applicant, who is languishing in jail since 25.9.2024 may be enlarged on bail on the ground of parity. He added that there is no previous criminal antecedent of the applicant. He further submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

4. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief as he has committed offence and there is cogent and credible evidence against him but he could dispute the fact that the identical situated co-accused has already been enlarged on bail.

5. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 25.9.2024; co-accused- Yuvraj Singh has already been enlarged on bail; there is no previous criminal antecedent of the applicant; coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

6. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

7. Let the applicant- Vishal Bora involved in the aforementioned 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, with the following conditions:-

(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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 of the Indian Penal Code;

(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

(4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

8. The identity, status and residential proof of sureties will be verified by the court concerned and in