HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37124 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mohammad Waseem, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.332 of 2023, under Sections 302, 34, 323, 506 and 504 I.P.C., Police Station Sarnath, District Varanasi, during the pendency of trial. 4. Learned counsel for the applicant has stated that the case of the applicant is at par with co-accused person Vishal Pal who has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 23.11.2024 passed in Criminal Misc. Bail Application No.5662 of 2024, as such, since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. Learned counsel for the applicant has further submitted that the only distinguishing factor between the applicant and co-accused Vishal Pal is that two additional eye-witnesses were subsequently introduced by the police, who allegedly attributed the role of assaulting the deceased on the head with a danda to the applicant. There is no criminal history of the applicant. He is languishing in jail since 05.08.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Mohammad Waseem Counsel for Opposite Party(s) : G.A. Lavkush .....Applicant(s) State of U.P. .....Opposite Party(s) 6. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. 7. Considering the facts and circumstances of the case and in 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 judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity. 8. Let the applicant- Lavkush, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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 28, 2025 (Ravi Kant) BAIL No. 37124 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad