Neutral Citation No. - 2025:AHC:28338 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44147 of 2024 Applicant :- Yogesh Alias Teju Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Kumar,Ramdhan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Ramdhan, learned counsel for the applicant and Sri Jai Kishan Chaurasiya, learned State Law Officer and perused the record. 3. Applicant seeks bail in Sessions Trial No. 1488 of 2024 (State Vs. Yogesh and Others) arising out of Case Crime No. 80 of 2024, under Sections 376D, 323, 504, 506, 452 of I.P.C., Police Station - Pisava, District - Aligarh, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Dharmendra has already been enlarged on bail by this Court vide order dated 23.9.2024 passed in Criminal Misc. Bail Application No. 27051 of 2024. It is further submitted that since the case of the applicant is at par to the co- accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 02.06.2024, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 5. The prayer for bail has been vehemently opposed by learned A.G.A.. However, the aforesaid factual aspects of parity to the co- accused and of no criminal history of the applicant, have not been disputed by him. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 7. Let the applicant- Yogesh Alias Teju, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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. Order Date:- 28.2.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad