Neutral Citation No. - 2025:AHC:89395 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5027 of 2025 Applicant :- Sanjay Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 528 of 2024, under Sections 117(2), 303(2), 317(2), 317(4), 317(5), 338, 336(3), 340(2), 112(2) of B.N.S., Police Station - Kotwali, District -Azamgarh. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused persons, Pramod Kumar, Kamlesh Chauhan, Munchun Chauhan, Bablu Chauhan and Ankit Yadav have already been granted bail by this Court and co-ordinate Bench of this Court vide orders dated 28.04.2025, 02.05.2025, 01.05.2025, 05.05.2025 and 11.03.2025 passed in Criminal Misc. Bail Applications No. 12939 of 2025, 11719 of 2025, 7625 of 2025, 14966 of 2025 and 8505 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 10.12.2024. Criminal history of nine cases have been explained in para no. 28 & 29 of the paper book. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned AGA and perused the material available on record. 5. Taking into consideration the aforesaid reasons as stated above and the fact that similarly placed co-accused persons have already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Sanjay Gupta, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) 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 the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 26.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad