HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10903 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.488/2022, under Sections 307, 504 IPC at Police Station- Kotwali Sadar, District- Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.05.2022 against three persons, including the applicant, stating that on the basis of an information received from a mukhbir, police party apprehended the accused persons but all those persons fired at the police party. In retaliatory fire, a co-accused person has suffered gun shot injury and two accused persons were arrested and the applicant is said to have escaped and, thereafter, he has been implicated on the basis of custodial statement of co- accused persons. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in one criminal cases have been disclosed in the affidavit, in which he has been granted bail. 4A. Learned counsel for the applicant submits that the co-accused Arjun Balmiki who was assigned the similar role has been enlarged on bail by this Court vide order dated 26.09.2025 passed in criminal misc. bail application Versus Counsel for Applicant(s) : Arvind Kumar Verma Counsel for Opposite Party(s) : G.A. Deepak Balmiki .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) No. 9114 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. 5. The learned A.G.A. has opposed the application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 14.05.2022. 6. Having considering the aforesaid facts and circumstances of the case and keeping in view the fact that although the police alleges that the miscreants had fired at the police party, only a co-accused person has a received a gun shot injury and no police person has received a gun shot injury; that the applicant has been implicated in the present case merely on the basis of custodial statement of co-accused persons and that he languishing in jail since 12.05.2022, 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. 7. Accordingly, this bail application stands allowed on the ground of parity. 8. Let the applicant- Deepak Balmiki be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. November 10, 2025 R.C. BAIL No. 10903 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench