HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33394 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Avinash Pandey, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.517 of 2025, under Sections 109(1), 190, 191(2), 191(3), 352, 351(2) B.N.S. and 7 Criminal Law Amendment Act, Police Station Kairana, District Shamli, during the pendency of trial. 5. It is submitted by learned counsel for the applicant that similarly placed co-accused person Parvez has already been enlarged on bail by this Court vide order dated 19.09.2025 passed in Criminal Misc. Bail Application No.32301 of 2025, as such, since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The criminal history assigned to the applicant stands explained. He is languishing in jail since 02.09.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Mubarik .....Applicant(s) State of U.P. .....Opposite Party(s) case for bail is made out. 7. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity. 9. Let the applicant- Mubarik, 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 not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. September 26, 2025 (Ravi Kant) BAIL No. 33394 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad