Neutral Citation No. - 2025:AHC:113162 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5551 of 2025 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Preet Pal Singh Rathore Counsel for Opposite Party :- G.A.,Mohd. Naushad,Noor Ahmed Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Preet Pal Singh Rathore, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Gaurav, seeking enlargement on bail in Case Crime No. 379 of 2022, under Sections 147, 148, 149, 302 IPC, Police Station- Khekda, District- Baghpat. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Baghpat, vide order dated 08.01.2025. 3. As per the allegation made in the FIR is that in the night on 02.09.2022, the uncle of informant namely Daud Ali aged about 50 years and his associates were sitting in front of their house, at about 22:00 O'clock, 20-22 unknown persons came there from 7-8 motorcycles and suddenly did attack from Farsa and Dandas on him. In which his uncle became seriously injured. The family members of informant carried him to the Family Health Hospital Meerut for his treatment and during treatment he died. 4. 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 13.11.2024. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case merely on the basis of doubt and suspicion in order to show their good work as well as to get rid from the proper investigation of the aforesaid case. As per the post mortem report, four injuries were found on the body of the deceased and cause of death is cerebral damage as a result of ante mortem head injury. It is submitted that similarly placed co- accused, Upendra, Dileep and Vikas @ Vikky, have already been enlarged on bail of by coordinate Bench of this Court by orders dated 23.02.2025, 22.02.2025 and 02.02.2023 passed in Criminal Misc. Bail Application Nos. 7434 of 2023, 1911 of 2023 and 59098 of 2022 a copy of the bail orders have been annexed as annexure-6 of the bail application. He further submitted that since the role of the applicant is identical to that of co-accused, Upendra, Dileep and Vikas @ Vikky, who have already been enlarged on bail, he is also entitled to be enlarged on 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. 5. Learned AGA has vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Gaurav 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. 9. 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 :- 14.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad