Neutral Citation No. - 2025:AHC:20063 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46674 of 2024 Applicant :- Javed Alias Kalua And 4 Others Opposite Party :- State Of Uttar Pradesh Through Its Home Secretary, U.P. Lucknow Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Sri Puneet Kumar Singh, learned A.G.A. for the State and perused the record of the case. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Javed Alias Kalua, Adil, Abdul Hasan, Firoz and Arif, seeking enlargement on bail in Case Crime No.- 397 of 2024, under Sections 191(2), 191(3), 190, 109(1), 115(2), 125, 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of Criminal Law Amendment Act, Police Station- Gulaothi, District- Bulandshahr It is submitted by learned counsel for the applicants that similarly placed co-accused, Navi Hasan and Afjal have already been enlarged on bail of this Court by orders dated 07.02.2025 and 05.02.2025 passed in Criminal Misc. Bail Application Nos. 44360 of 2024 and 44878 of 2024 respectively, copy of the bail orders produced by learned counsel for the applicants are taken on record. He further submitted that since the role of the applicants are identical to that of co-accused Navi Hasan and Afjal who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicants further argued that the accused-applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 27.10.2024. Applicant no. 1 has criminal history of two cases and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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. Accordingly, the bail application is allowed. Let the accused-applicants, Javed Alias Kalua, Adil, Abdul Hasan, Firoz and Arif , involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail. Order Date :- 11.2.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad