HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7137 of 2024 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1.Third supplementary affidavit filed today, is taken on record. 2. The case has been called under the heading of parity. 3. Learned counsel for applicant submits that due notice that the matter would be taken up under the head of parity was informed to Sri Sudarshan Singh, learned counsel who appears on behalf of the first informant in opposition to the bail plea. The photocopy of the WhatsApp message has sent to Sudarshan Singh which has been duly received by mentioning okay has been placed for perusal of this Court, is taken on record. 4. In this circumstances, the Court has left no option but to proceed to hear the counsel for applicant even in the absence of learned counsel for informant opposing the bail plea. 5. Heard learned counsel for the applicant and learned AGA for the State- Respondent and perused the record. 6. This bail application under Section 439 of Cr.P.C. has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 274 of 2023, under Sections 323, 504, 506, 307 and 302 I.P.C., Police Station Deoband, District Saharanpur. Versus Counsel for Applicant(s) : A.Z.Khan, Ankit Srivastava, Ayush Mishra, Ch. Dil Nisar, Gaurav Kakkar, Prabha Shanker Mishra, Raghvendra Prakash, Sonakshi Arora Counsel for Opposite Party(s) : G.A., Sudarshan Singh Sethi @ Ashish .....Applicant(s) State of U.P. .....Opposite Party(s) 7. 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 17.05.2023. Learned counsel for the applicant submits that similarly circumstanced co-accused Anil has already been enlarged on bail by this Court vide order dated 05.08.2025 passed in Criminal Misc. Bail Application No. 13440 of 2025, copy of the bail order has been annexed as Annexure S.A.-6 to the 3rd supplementary affidavit. He submits that the applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 8. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact. Considering all above 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. 9. Accordingly, the bail application is allowed. 10. Let the accused-applicant, Sethi @ Ashish, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 11. In the event of breach of any of the aforesaid conditions, the court below BAIL No. 7137 of 2024 2 will be at liberty to proceed to cancel his bail. September 19, 2025 Md Faisal BAIL No. 7137 of 2024 3 (Ashutosh Srivastava,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad