Neutral Citation No. - 2025:AHC:107779 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9075 of 2025 Applicant :- Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this application under Section 483 of BNSS., applicant Jitendra Kumar, who is involved in Case Crime No. 06 of 2025, under Sections 318(4), 319(2), 336(2), 338, 340(2), 61(2) Bhartiya Nyaya Sanhita and Sections 4/13, 7/13 Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, police station Lanka, district Varanasi seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that on 05.01.2025, first information report was lodged against Saurabh Kumar and Manish Kumar. The allegation against Saurabh Kumar is that he was appearing in the examination in place of Manish Kumar. During investigation, on the basis of statement of Saurabh Kumar, complicity of one Pawan Kumar came into light. When he was interrogated, he disclosed the name of Akhilesh Kumar and Jitendra Kumar (present applicant) stating inter alia that they were also indulged in cheating in examination adopting different modus operandi and thereafter, on 07.01.2025, one Aadhar card and Admit Card have also been recovered from the possession of Akhilesh Kumar and Jitendra Kumar (present applicant). Apart from the merit of the case, much emphasis has been given by contending that co-accused Akhilesh Kumar, Pawan Kumar and Ashish Ranjan @ Pappu have been granted bail vide orders dated 28.05.2025, 27.06.2025 and 27.06.2025 passed in Criminal Misc. Bail Application Nos. 17607 of 2025, 21600 of 2025 and 21598 of 2025. The case of the present applicant stands on identical footing to that of co-accused Akhilesh Kumar, Pawan Kumar and Ashish Ranjan @ Pappu and hence the applicant is also entitled for bail on the ground of parity. The applicant does not have any criminal history to his credit. Lastly, it is submitted by 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 07.01.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but did not dispute the above factual aspect of the matter as argued on behalf of the applicant. 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 Akhilesh Kumar, Pawan Kumar and Ashish Ranjan @ Pappu under similar accusation have been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Jitendra Kumar 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 in the interest of justice:- (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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 8.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad