HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33783 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Shri Pawan Kumar Yadav, Advocate holding brief of Shri Mohammad Khalid, learned counsel for the applicant as well as Shri Anit Kumar Shukla, learned A.G.A. for the State and perused the record. 3. Applicants seek bail in Case Crime No.308 of 2025, under Sections 190, 191(2), 191(3), 109 BNS, Section 21/22 NDPS Act and 3/5/8 Cow Slaughter Act, Police Station Patiyali, District Kasganj, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused persons, Afsar and Shamsher have already been enlarged on bail by this Court vide orders dated 12.9.2025 and 15.9.2025 passed in Criminal Misc. Bail Application Nos.31262 of 2025 and 31369 of 2025. The applicants have been falsely implicated in the case of police party firing no injury case. No police personnel has sustained any injury whatsoever. Even the applicant no.2 had sustained gunshot injury in the cross-fire of the police. 5. Learned counsel for the applicants has further submitted that the applicants are languishing in jail since 1.9.2025, The criminal history of the applicants has been explained. He further submitted that since the role of the applicants is identical to that of co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. 6. The prayer for bail has been vehemently opposed by learned A.G.A. Versus Counsel for Applicant(s) : Mohammad Khalid Counsel for Opposite Party(s) : G.A. Shibu And Another .....Applicant(s) State of U.P. .....Opposite Party(s) However, the aforesaid factual aspects of parity to the co-accused have not been disputed by him. 7. 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 case of bail is made out. 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, the Court is of the view that the applicants have made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity. 9. Let the applicants- Shibu and Bablu involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate 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, the prosecution shall be at liberty to move bail cancellation application before this Court. 11. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. 12. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses. October 6, 2025 Vikas Verma BAIL No. 33783 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad