Neutral Citation No. - 2025:AHC:90677 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4750 of 2025 Applicant :- Liyakat And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.,Ruduvant Pratap Singh Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Ashwini Tripathi, Advocate, holding brief of Sri Raghuvansh Mishra, learned counsel for the applicants, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Liyakat and Kaushar, seeking enlargement on bail in Case Crime No. 549 of 2024, under Sections 191 (2), 333, 137 (2), 115 (2), 351 (2) and 87 of BNS and Section 16/17 POCSO Act, Police Station- Kairana, District- Shamli. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 28.10.2024. It is submitted that similarly placed co-accused, Saddam, has already been enlarged on bail of by this Bench by order dated 23.04.2025 passed in Criminal Misc. Bail Application No. 4564 of 2025, copy of the bail order produced by learned counsel for the applicants is taken on record. He further submitted that since the role of the applicants are identical to that of co- accused, Saddam, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. They have no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicants, Liyakat and Kaushar involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 26.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad