Neutral Citation No. - 2025:AHC:123217 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8909 of 2025 Applicant :- Aakil Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Krishna Kant Dubey, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 89 of 2021, under Sections 376-D, 392, 411, 364 IPC, Police Station- Pilkhuwa, District- Hapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the third bail application filed on behalf of the applicant and his earlier two bail applications have been dismissed by this Court vide orders dated 08.09.2021 and 26.09.2023 but he is pressing the instant third bail application on the ground that after rejection of second bail application of the applicant, bail application of co-accused Ankit has been allowed by co-ordinate Bench of this Court vide order dated 09.05.2025 passed in Criminal Misc. Bail Application No 26430 of 2024. He further submitted that from perusal of statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., it reflects, she made allegation of rape against the applicant and co-accused Ankit, therefore, case of applicant is exactly at par with co-accused Ankit, therefore, applicant should be released on bail on the sole ground of parity. 4. He further submitted that in the present matter, applicant is in jail since 27.02.2021 i.e. for last more than four and half years. 5. Per contra, learned AGA opposed the prayer for bail and submitted that this is the third bail application filed on behalf of the applicant and after considering the fact that it is a case of gang rape, his earlier two bail applications have been dismissed but could not dispute the fact that after that bail application of co- accused Ankit has been allowed by co-ordinate Bench of this Court and as far as allegation of rape is concerned, case of applicant is at par with him. However, learned AGA further submitted that applicant is having criminal history of five other cases but he fairly conceded that, all the five cases relate to minor offences and he is in jail in the present matter for last more than four and half years. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is the third bail application filed on behalf of applicant and his earlier two bail applications have been dismissed by this Court after considering the fact that it is a case of gang rape but it reflects, subsequently, co-accused Ankit has been released on bail by co-ordinate Bench of this Court vide order dated 09.05.2025 and as per the statements of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., applicant and co-accused Ankit both committed rape upon her, therefore, case of applicant is at par with co-accused Ankit. 8. The Apex Court in the case of Satender Kumar Antil Vs. CBI & another (2022) 10 SCC 51 in paragraph no. 98 has observed that- "Uniformity and certainty in the decisions of the court are the foundations of judicial dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. Such an action though by an exercise of discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India." 9. Therefore, from the observation made by the Apex Court in case of Satender Kumar Antil(supra), it is crystal clear that all the accused persons should be treated equally and on the ground of parity itself an accused can be released on bail. 10. Further, however, as per learned AGA, apart from the present case, applicant is having criminal history of five other cases but he fairly conceded, all the five cases relate to minor offences. 11. Further, applicant is in jail in the present matter since 27.02.2021 i.e. for last four and half years. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Aakil be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 25.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad