HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35001 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri Avinash Pandey, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Musarik, seeking enlargement on bail in Case Crime No. 517 of 2025, under Sections 109(1), 190, 191(2), 191(3), 352, 351(2), 115(2) of the Bharatiya Nyaya Sanhita, 2023 & Sectioni 7 of Criminal Law Amendment Act, Police Station Kairana, District Shamli. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 13.09.2025. He has criminal history of two cases, which is explained in para no. 13 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Learned counsel for the applicant submits that co-accused Mubarik has already been enlarged on bail by co-ordinate Bench of this Court on 26.09.2025 in Criminal Misc. Bail Application No. 33394 of 2025 as such since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Hence, bail has Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Musarik .....Applicant(s) State of U.P. .....Opposite Party(s) been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Musarik, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 10, 2025 Vibha Singh BAIL No. 35001 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad