HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37389 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Vishwjeet Tiwary, Advocate holding brief of Mr. Yogesh Mishra, learned counsel for the applicants, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicants on bail during the trial in Case Crime No. 297 of 2025, under Sections 109, 191(2), 115(2), 351(3), 352, 117(2) B.N.S., Police Station- Ganjdundwara, District Kasganj. 3. Contention of learned counsel for the applicants is that the applicants were not named in the FIR even the injured in his statement has specifically stated that he does not know any person and allegation was made against only one person who hit on the head of the injured with a bracelet. He further submitted that subsequently on the basis of Video of the incident, the applicants have been falsely implicated though there is no specific allegation indicating involvement of the applicants. It is further submitted that co-accused Samshad, Poosa @ Jakir, Mohd Irshad and Mohd Harun, having similar role to that of the applicants, have been enlarged on bail by this Court in Bail Application No. 35814 of 2025 and 37014 of 2025, therefore, the applicants are also entitled to be released on bail on the ground of parity. The applicants have no criminal history and applicant no.1 is in jail since 17.9.2025 and applicant no.2 is in jail since 13.09.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused have been enlarged on bail and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. Versus Counsel for Applicant(s) : Yogesh Mishra Counsel for Opposite Party(s) : G.A. Shakir And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Let the applicants- Shakir and Mohd. Rashid involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicants shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicants. 11. The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. October 29, 2025 A.Kr. BAIL No. 37389 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad