Neutral Citation No. - 2025:AHC:37603 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46398 of 2024 Applicant :- Vipnesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 06.12.2024 but none is present on behalf of the informant. 2. Heard Sri Janmed Kumar, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 27 of 2023, under Sections 363, 376, 120-B of I.P.C. and Sections 6/17 of POCSO Act, Police Station - Badalpur, District - Gautam Budh Nagar, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Kanti, has already been enlarged on bail by another Bench of this Court vide order dated 4.4.2024 passed in Criminal Misc. Bail Application No. 11797 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 29.05.2023. The applicant has no previous criminal history except two cases foisted on him after the institution of instant FIR. 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 previous criminal history of the applicant, have not been disputed by him. 6. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail. 7. 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. 8. Let the applicant- Vipnesh, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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:- 17.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad