Neutral Citation No. - 2025:AHC-LKO:25192 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3057 of 2025 Applicant :- Dheeraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. A supplementary affidavit has been filed on behalf of the applicant, which is taken on record. 2. Heard Sri Neeraj Singh, learned counsel for the applicant as also Sri Neeraj Kumar Verma, the learned Additional Government Advocate for the State and perused the records. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0183 of 2024, under Sections 323, 504, 506, 341, 308, 302 I.P.C., registered at Police Station Gangaghat, District Unnao. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.04.2024 against one Rohit Rawat and three other unnamed persons stating that while the informant was returning from his college at about 3.00 p.m. on 10.04.2024 the named accused Rohit Rawat who lives in the neighborhood of the informant threw water on him, which fell on his bag also in which his laptop was kept. An altercation followed in which the accused persons had beaten up the informant. The informant went to the police to give a complaint of the incident and while returning from the police station the accused persons again assaulted the informant and his brother. The informant's brother was taken to the hospital where he died during treatment on 27.04.2024. 5. The injury form of the informant's brother mentions a lacerated wound over middle of parietal bone, multiple contused swelling over head and contused swelling over left side of forehead. The postmortem examination report mentions a stitched wound on top of head and contused swelling on right side of skull and the cause of death has been opined to be coma due to ante mortem head injury. 6. The informant's injury report mentions abrasions near right eye, on right scapular region, on right lower scapular region, on right shoulder and over left forearm and contused swelling over right side of face and over middle finger of left hand. 7. In the statement of the informant recorded under Section 161 Cr.P.C. he named the applicant and one Bablu besides the named accused Rohit Rawat and he stated that the accused persons had assaulted him with sticks. 8. The learned counsel for the applicant has submitted that the altercation had taken place between the informant and the named accused Rohit Rawat and the applicant had been implicated subsequently. 9. When this case was taken up as fresh on 10.04.2025, the learned A.G.A. had submitted that he will file a counter- affidavit annexing therewith the call-detail-records/mobile location of the applicant at the time of accident. 10. Today, when the case has been taken up, the learned A.G.A. has stated that call-detail-records and mobile phone location of the applicant and other accused persons are not available on the case-diary. 11. Supplementary affidavit filed on behalf of the applicant discloses his involvement in two other criminal cases in which he has already been enlarged on bail. Another case has been shown by the State as his criminal history in which case also the applicant is not named either in the F.I.R. or in the chargesheet 12. Learned counsel for the applicant states that the similarly situated Co-accused Bablu has already been enlarged on bail vide order dated 23.04.2025 passed by this Court in Criminal Misc. Bail Application No. 11322 of 2024. 13. Having considered the facts and circumstances of the case and keeping in view the facts that the applicant is not named in the F.I.R. and the similarly situated co-accused Bablu has been granted bail by this Court without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail on the ground of parity in the aforesaid crime. 14. Accordingly, this bail application stands allowed. 15. Let the applicant- Dheeraj be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 29.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench