Neutral Citation No. - 2025:AHC:40977 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7021 of 2025 Applicant :- Sazid Alias Lada Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A.,Rohit Shukla Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akhilesh Singh, learned counsel for the applicant and Sri Rohit Shukla, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 84 of 2020, under Section 376-D of I.P.C. and Sections 3/4 of POCSO Act, Police Station - Shergarh, District - Mathura, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that the applicant was summoned by the trial court by invoking powers u/s 319 Cr.P.C. along with co-accused person Sonu. The said co- accused Sonu has already been enlarged on bail by another Bench of this Court vide order dated 6.3.2024 passed in Criminal Misc. Bail Application No. 7125 of 2024. 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. The applicant is languishing in jail since 19.01.2025. It is also stated that criminal history of six cases assigned to the applicant stands explained. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 5. The prayer for bail has been vehemently opposed by learned A.G.A. as well as learned counsel for the informant on the ground that the applicant was absconding and had attended the Court after all the coercive measures have been taken against him. However, the aforesaid factual aspect of parity to the co-accused has not been disputed by them. 6. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail. 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- Sazid Alias Lada, 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 shall not tamper with 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 BNSS If in the opinion of the Trial Court absence of the applicant is deliberate or 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. 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. Order Date:- 20.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad