Neutral Citation No. - 2025:AHC:46825 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2579 of 2025 Applicant :- Damodar Rai Alias Badak Rai Opposite Party :- State of U.P. Counsel for Applicant :- Kavindra Singh,Pradeep Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Ari Mardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 of Criminal Procedure Code has been moved on behalf of accused-applicant, Damodar Rai alias Badak Rai, seeking enlargement on bail in Case Crime No.370 of 2017, under Sections 147, 149, 332, 436, 427 of the Indian Penal Code and Section 7 of Criminal Law Amendment Act and under Section 3/4 of the Prevention of Damage to Public Property Act, Police Station Kotwali, District Ghazipur. 3. 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 21.01.2017; he has criminal history of seven cases and in all cases he is on bail, which is explained in para no. 21 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; co-accused namely Pankaj Raj, Ashok @ Pintu, Ankur Singh, Yatendra Singh, Amresh Kanojiya, Mahendra Rajbhar, Gorakh Bind and Pramod Tiwari @ Chhote Tiwari have already been released on bail vide orders dated 04.06.2019, 04.06.2019, 07.10.2017, 07.11.2017, 07.12.2022, 14.05.201919.12.2019, 29.06.2017, respectively passed by the co- ordinate Bench of this Court; role of the applicant is identical to that of the co-accuse, who have already been released on bail on the ground of parity. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 5. Considering all those facts and circumstances, 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Damodar Rai alias Badak Rai, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 3.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad