Neutral Citation No. - 2025:AHC-LKO:37578 Court No. - 13 Case :- CRIMINAL APPEAL No. - 943 of 2025 Appellant :- Pradeep Gaud Respondent :- State Of U.P Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Santosh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Affidavit filed on behalf of the State, is taken on record. 2. As per office report dated 14.05.2025, which is based upon the letter of CJM Ambedkar Nagar dated 09.05.2025, the service upon respondent no. 2, who is informant, is sufficient. However, no one appeared on behalf of the respondent no. 2 to oppose the present appeal. In that view of the matter, this Court proceeds hear the instant appeal. 3. Heard Sri Santosh Kumar Srivastava, learned Counsel for the appellant, learned A.G.A. and perused the records. 4. The present appeal has been filed assailing the order dated 04.03.2025 whereby the trial court rejected the bail application of the appellant registered as Bail Application No. 242 of 2025 arising out of Case Crime No. 180 of 2019 under Sections 406, 354-A, 420, 504, 506 IPC & 3(2)(v)A S.C./S.T. Act, Police Station - Jahangirganj District- Ambedkar Nagar. 5. While pessing the present appeal, challenging the order dated 04.03.2025 whereby the application of the appellant seeking bail was rejected by the Special Judge, SC/ST Act, Ambedkar Nagar, it is stated that according to the case of the prosecution in nutshell the allegations are against the co-accused Mohammad Ashraf, in whose account an amount to the tune of Rs. 40,000/- were transferred by the informant on the assurance of getting government job. 6. It is also stated that a perusal of the statement of informant/victim recorded in terms of Section 164 Cr.P.C., annexed as Annexure No. 4 to the present appeal, would also indicate that amount was given by the informant to the co- accused Mohammad Ashraf and this statement would further indicate that main allegations are against the co-accused Mohammad Ashraf. 7. It is further stated that Mohammad Ashraf has already been released on bail in terms of order dated 12.05.2023 passed in Criminal Appeal No. 3326 of 2022. It is also stated that co- accused Neelam Yadav has also been released on bail in terms of order dated 19.11.2022 passed in Criminal Appeal No. 1103 of 2022. In these circumstances, the appellant is also entitled to be released on bail on the ground of parity. 8. He further submitted that taking note of aforesaid as also that the appellant is in jail since 02.01.2025 and also that possibility of conclusion of trial in near future is extremely bleak, the present appeal is liable to be allowed and the appellant be released on bail. 9. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contention of the counsel for the appellant. 10. Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A., and going through the contents of the appeal, F.I.R., statements of the witnesses as well as other relevant documents as also the fact that the co- accused have already been released on bail, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 11. Order dated 04.03.2025 passed by the trial Court in Bail Application No. 242 of 2025 arising out of Case Crime No. 180 of 2019 under Sections 406, 354-A, 420, 504, 506 IPC & 3(2) (v)A S.C./S.T. Act, Police Station - Jahangirganj District- Ambedkar Nagar, is hereby set aside. 12. Let appellant, Pradeep Gaud, be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/ intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (v) The appellant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 13. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 3.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench