HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5377 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ram Surat Patel, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 229 of 2022, under Section 302 of I.P.C., Police Station - Jaitpura, District - Varanasi, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that the applicant is not named in the FIR. The co-accused person, Faizu @ Seebu, has already been enlarged on bail by coordinate Bench of this Court vide order dated 9.6.2023 passed in Criminal Misc. Bail Application No. 25125 of 2023. It is further submitted that the only difference in the case of applicant is that a wooden piece has been recovered at his pointing out which is stated to be the weapon of crime otherwise his case is at par with co-accused, who has already been enlarged on bail, as such, he is also entitled to be enlarged on bail on the ground of parity. 5. Learned counsel has also stated that the applicant is languishing in jail since 26.11.2022, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. The prayer for bail has been vehemently opposed by learned A.G.A.. Versus Counsel for Applicant(s) : Atul Pandey, Ram Surat Patel, Santosh Kumar Counsel for Opposite Party(s) : G.A. Mohammad Hamid .....Applicant(s) State of U.P. .....Opposite Party(s) However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 8. Let the applicant- Mohammad Hamid, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 10, 2025 Siddhant BAIL No. 5377 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad