Neutral Citation No. - 2025:AHC:30658 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45054 of 2024 Applicant :- Rohit Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant, learned AGA for the State-respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rohit Yadav, seeking enlargement on bail in Case Crime No.360 of 2024, under Sections 191(2), 352, 351(2), 109(1), 115(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Cholapur, District Varanasi. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.11.2024. Learned counsel for the applicant submits that role of firing has been assigned to co-accused Kundan and the injury is on non vital part. The co-accused Sunil Rajbhar has already been granted bail by co-ordinate Bench of this Court vide order dated 27.01.2025 passed in Criminal Misc. Bail Application No.653 of 2025, therefore, the applicant is also entitled for bail on the ground of parity. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Considering all above facts and circumstances, enlargement of co- accused, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rohit Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 3.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad