HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11255 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 3. In the prosecution case, it is alleged that the applicant along with other co- accused persons, was a member of a gang engaged in the illegal preparation and modification of Aadhar cards for Bangladeshi, Rohingya, Pakistani, and Nepali nationals on the basis of forged documents. The forged Aadhar cards were allegedly being used for obtaining Indian passports and other government benefits. 4. Learned counsel for the applicant submits that a perusal of the recovery memo reveals that no such recovery has been made which may attract the offence under Section 152 of the Bharatiya Nyaya Sanhita. It is further submitted that even if the prosecution case is taken at its face value, the recovery allegedly made from the applicant i.e. two laptops with accessories, two chargers, one eye scanner, one U.S.B, one camera etc, does not constitute any offence under Section 152 BNS. The remaining offences are punishable with imprisonment up to seven years. 5. He further submits that the co-accused person namely Himanshu Rai has been granted bail by a co-ordinate bench of this court in Criminal Misc Bail Application No. 10151 of 2025, vide order dated 03.11.2025. He seeks parity with the bail order of the said co-accused. 6. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh, Saurabh Kumar Counsel for Opposite Party(s) : G.A. Akshay Kumar Saini .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) applicant is enlarged on bail, he shall not misuse the liberty of bail. 7. Learned A.G.A.has opposed the prayer for bail, but he could not dispute that it is a case of parity. 8. Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties, the fact that co-accused Himanshu Rai, having similar role, has been granted bail, the bail order is annexed as Annexure No. 2 to the supplementary affidavit, the fact that the applicant is in languishing in jail since 22.08.2025, he seeks parity with the bail orders of co-accused Himanshu Rai and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. The application is allowed on the ground of parity. 10. Let the applicant Akshay Kumar Saini, involved in Case Crime No. 09 of 2025, under sections 152, 318(4), 336, 337, 340, 61(2) B.N.S, P.S. A.T.S Gomtinagar, District Lucknow, 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 with the following conditions which are being imposed in the interest of justice:- (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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 17, 2025 DiVYa BAIL No. 11255 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench