HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33475 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the present case. Learned counsel further argued that initially F.I.R. was lodged under Sections 302 I.P.C., along with Section 147, 148, 149, 436, 395, 397, 307 I.P.C., whereas charge sheet has been filed under Sections 147, 148, 149, 436, 427 I.P.C. Learned counsel further submits that similarly situated co- accused namely, Rifakat have already been enlarged on bail by this Court vide order dated 01.09.2025 passed in Criminal Misc. Bail Application No. 29997 of 2025, copy of which order is at page no. 21 of the paper book. It is thus contended that the applicants are also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicants are languishing in jail since16.09.2025. 3. Learned AGA has vehemently opposed the bail application and submits that in case the applicants are released on bail they will misuse the liberty of bail, however, could not dispute the submissions of learned counsel for the applicants with regard to parity. 4. Considering the overall facts and circumstances, the nature of Versus Counsel for Applicant(s) : Amit Rana Counsel for Opposite Party(s) : G.A. Athar Hammad @ Hammad And Another .....Applicant(s) State of U.P. .....Opposite Party(s) allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicants Athar Hammad @ Hammad and Arshad Ali @ Bundu be released on bail in Case Crime No. 0535 of 2018 under Sections 147, 148, 149, 436, 427 I.P.C., Police Station Dhampur, District Bijnor on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicants in accordance with law. September 26, 2025 S.Ali BAIL No. 33475 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad