Neutral Citation No. - 2025:AHC:30302 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2362 of 2025 Applicant :- Parvez Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Raghib Ali,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sageer Ahmad, learned Senior Advocate, assisted by Sri Mohd Raghib Ali, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.234 of 2023, under sections 302/34 IPC, Police Staiton- Brahampuri, District Meerut, during pendency of the trial. 3. FIR of the present case was lodged on 08.07.2023 against applicant and six others and according to the FIR on 08.07.2023 at about 5.00 PM in the evening applicant and other accused persons committed the murder of elder brother of the informant by causing fire-arm injuries to him. 4. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter along with as many as six others named accused persons including co-accused Aadil son of Kaley Khan, Aadil son of Hazi Annu and Naushad. 5. He further submits, only general role has been assigned to all the accused persons including applicant. It is further submitted that after considering entire facts in detail above named co-accused persons, Aadil son of Hazi Annu, Aadil son of Kaley Khan and Naushad have been released on bail by co-ordinate Bench of this court vide orders dated 25.09.2024, 03.07.2024 and 05.08.2024 passed in Criminal Misc. Bail Application Nos.33000 of 2024, 11907 of 2024 and 19855 of 2024 respectively and on facts, case of applicant is exactly at par with them. 6. He further submits, applicant is not having any criminal history and in the the present matter he is in jail since 12.07.2023 i.e. for last more than one and half year. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation applicant and others committed the murder of the brother of informant by causing fire-arm injuries to him including co-accused Aadil son of Hazi Annu, Aadil son of Kaley Khan and Naushad and above co-accused persons have already been enlarged on bail and case of applicant is at par with them. Further, applicant is not having any criminal history and in the the present matter he is in jail since 12.07.2023 i.e. for last more than one and half year. 10. Therefore, considering the provisions of Article 14 and 15 of Constitution of India on the ground of parity, in my view, applicant is also entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant -Parvez be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 4.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad