Neutral Citation No. - 2025:AHC-LKO:40453 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4551 of 2025 Applicant :- Deepu @ Durgesh Kumar Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Amitabh Tripathi Counsel for Opposite Party :- G.A.,Pintoo Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amitabh Tripathi, learned counsel for the applicant, Sri Ashok Srivastava, learned Additional Government Advocate for the State and perused the records. 2. This is the third application seeking release of the applicant on bail in Case Crime No.436 of 2022, under Sections 147/148/149/504/506/302 I.P.C., registered at Police Station Sareni, District Raebareli. 3. The first bail application bearing Criminal Misc. Bail Application No.3329 of 2023 was rejected by means of an order dated 04.04.2023 and it is recorded in the aforesaid order that one of the eye witnesses of the occurrence namely Ram Shankar has stated that the co-accused Bablu was having a farsa and the applicant and Ram Baran were having lathi. The second bail application bearing Criminal Misc. Bail Application No.10329 of 2023 was rejected by means of an order dated 09.09.2024 while the examination of PW-1 had been recorded. This third bail application has been moved on the ground that subsequent to the rejection of the second bail application of the applicant on 09.09.2024 co-accused Ram Baran has been granted bail by means of an order dated 24.09.2024, passed by a coordinate Bench of this court in Criminal Misc. Bail Application No. 6812 of 2023. 4. The learned counsel for the applicant has submitted that it is evident from the order dated 04.04.2023, passed by this Court rejecting the first bail application of the applicant that the applicant and Ram Baran both have been assigned the role of using lathis. As Ram Baran has already been granted bail, the applicant is also entitled to be released on bail on the ground of parity. Further, a copy of statement of PW-2 recorded by the trial court has been annexed with the bail application and he has not supported the prosecution case. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. In view of the aforesaid developments that took place after rejection of the second bail application of the applicant and 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 in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Deepu @ Durgesh Kumar Yadav 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 :- 15.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench