Neutral Citation No. - 2025:AHC:6737 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45259 of 2024 Applicant :- Suraj Kumar Bind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Swapnesh Singh,Sr. Advocate,Yadvendra Krishan Counsel for Opposite Party :- G.A.,Monu Singh Hon'ble Sameer Jain,J. 1. Today, Sri M.B. Yadav, learned Advocate filed his power of behalf of the informant and Smt. Amrita Rai Mishra, learned Advocate has filed her power on behalf of the High Court Legal Services Committee respectively, which are taken on record. 2. Heard Sri Shiv Nath Singh, learned Senior Advocate assisted by Sri Swapnesh Singh, learned counsel for the applicant, Sri M.B. Yadav, learned counsel for the informant, Smt. Amrita Rai Mishra, learned counsel for the High Court Legal Services Committee and Sri Imran Khan, learned AGA for the State. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 195 of 2024, under Sections 127(2), 70(2), 352, 351(3) BNS, Section 3(2) 5 SC/ST Act and Section 5/6 POCSO Act, Police Station Sarai Mamrej, District Prayagraj during pendency of the trial. 4. Learned counsel for the applicant submits that on the basis of false allegation of rape applicant has been made accused in the present matter along with co-accused Ramesh Bind and one another and after considering the entire facts of the case co- accused Ramesh Bind has been released on bail by this Court vide order dated 12.12.2024 passed in Criminal Misc.Bail Application No. 45648 of 2024 and on facts case of applicant is exactly at par with him. 5. Learned Senior Counsel appearing on behalf of the applicant placed reliance on the judgment of the Apex Court passed in the case of Satender Kumar Antil Vs. CBI & another (2022) 10 SCC 51 and submitted that if on similar facts similarly placed co- accused has already been released on bail then considering the provisions of Articles 14 and 15 of the Constitution of India another accused should also be released on bail. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 18.8.2024. 7. Per contra, learned AGA as well as learned counsel for the informant and learned counsel appearing for the High Court Legal Services Committee although opposed the prayer for bail and submitted that it is a case of gang rape and victim was minor too and she also belonged to the community of Scheduled Castes but could not dispute the fact that co-accused Ramesh Bind has already been released on bail by this Court with a very detailed and reasoned order and on facts case of applicant is exactly at par with him. 8. They further could not dispute the fact that applicant is not having any previous criminal history to his credit. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant along with two others including co-accused Ramesh Bind committed rape upon the victim who belonged to Scheduled Castes Community and was hardly 12-1/2 years old but it reflects that co-accused Ramesh Bind has been released on bail by this Court with a very detailed and reasoned order and on facts the case of applicant is exactly at par with him. 11. The Apex Court in the case of Satender Kumar Antil Vs. CBI & another (2022) 10 SCC 51 in paragraph no. 98 has observed that:- "Uniformity and certainty in the decisions of the court are the foundations of judicial dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. Such an action though by an exercise of discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India." 12. Therefore, from the dictum of the Apex Court it appears that all the accused in a matter should be treated equally considering the provisions of Articles 14 and 15 of the Constitution of India. 13. As similarly placed co-accused has already been released on bail by this Court, therefore, on the ground of parity, applicant should also be released on bail. 14. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 18.08.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant -Suraj Kumar Bind 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. 18. 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. 19. 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 :- 15.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad