Neutral Citation No. - 2025:AHC:39749 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7693 of 2025 Applicant :- Digambar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- Ashish Tyagi,G.A.,Kapil Tyagi Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. 2. By means of this application under Section 483 of B.N.S.S., applicant- Digambar Singh, who is involved in Case Crime No.517 of 2023, under Sections 323, 504, 342, 354(A)(I)(II) I.P.C. and Section 3(2)(va) of SC/ST Act and Section 7/12/13 of Prevention of Corruption Act, Police Station Kotwali, District Ghaziabad, seeks enlargement on bail during the pendency of trial. 3. It is argued by learned counsel for the applicant that co-accused Rakesh Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 22.10.2024 in Criminal Misc. Bail Application No. 4033 of 2024, copy of said order has been annexed as Annexure-11 of the application and hence the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 11.02.2025 having no criminal history to his credit and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 4. Per contra, learned Additional Government Advocate for the State and learned counsel for the complainant opposed the prayer for bail of the applicant but they could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Rakesh Kumar under similar accusation has been granted bail as noted above, therefore, the applicant has made out a prima facie case for bail on the ground of parity. Hence, the bail application is hereby allowed. 6. Let the applicant- Digambar Singh, be released on bail in the aforesaid case crime number on 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:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 7. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. 8. Since the applicant has been granted bail on the ground of parity of the order of co-accused Rakesh Kumar, therefore, it is made clear that in case the order dated 22.10.2024 granting bail to the co-accused Rakesh Kumar is challenged before the Hon'ble Apex Court and the said order is set aside, in that event it will be open to the prosecution to bring on record the said facts by moving an appropriate bail cancellation application before this Court. Order Date :- 19.3.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad