HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31411 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Prem Prakash, learned Senior Counsel assisted by Sri Abhishek Kumar Yadav, learned counsel for the applicant and Sri Praveen Kumar Shukla, learned counsel for the informant as well as Sri Arun Kumar Shukla, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 239 of 2024, under Sections 191(2), 191(3), 190, 351(3), 352, 109(1), 115(2), 324(2), 103(1) of BNS, Police Station - Utraon, District - Prayagraj, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Ratan Singh @ Suneel Yadav, has already been enlarged on bail by coordinate Bench of this Court vide order dated 27.8.2025 passed in Criminal Misc. Bail Application No. 25264 of 2025. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Although, the only disparity is that there is a recovery of iron rod (sariya) at the pointing out of the applicant from an open space. 5. Learned counsel has also stated that the applicant is languishing in jail since 20.01.2025, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. Versus Counsel for Applicant(s) : Abhishek Kumar Yadav, Sr. Advocate Counsel for Opposite Party(s) : Dhiraj Singh, G.A., Praveen Kumar Shukla Lavkush Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 6. The prayer for bail has been vehemently opposed by learned counsel for the informant as well as learned A.G.A. on the ground that the applicant is the main accused person as he has assaulted the deceased person with iron rod (sariya) thereby one head bone was found missing. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 8. Let the applicant- Lavkush Yadav, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 13, 2025 Siddhant BAIL No. 31411 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad