Neutral Citation No. - 2025:AHC:38225 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8960 of 2025 Applicant :- Munendra Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.,Shobh Nath Pal Hon'ble Sameer Jain,J. 1. Sri Shobh Nath Pal, Advocate apprised the Court that as he has filed his power on behalf of the informant in the Registry of this Court, yesterday, therefore, his name could not be shown in the cause list. However, he further submitted that he is ready to argue the matter. 2. Heard Sri Ravindra Sharma, learned counsel for the applicant; Sri Sri Shobh Nath Pal, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 239 of 2024, under Sections 147, 149, 307, 302 IPC, Police Station Dataganj, District Budaun, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of general and omnibus allegations applicant has been made accused in the present matter alongwith nine others including co-accused Smt. Asha. 5. He further submitted that however, co-accused Smt. Asha was female but after considering the entire facts, on merit in detail, she has been released on bail by this Court and her bail order has been annexed at page-68 of the paper book and except the fact that she was lady, case of applicant is exactly at par with her. 6. He further submitted that while granting bail to co-accused Smt. Asha, this Court also discussed the statements of the alleged eye witnesses, therefore, it appears she was not enlarged on bail merely on the ground that she was lady and therefore, considering the provisions of Articles 14 & 15 of Constitution of India on the ground of parity, applicant is entitled to be released on bail. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 9.7.2024 i.e. for last more than seven months. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that however, co-accused Smt. Asha has been released on bail by this Court but she was lady but they could not dispute the fact that from the bail order of the co-accused Smt. Asha which has been annexed alongwith the instant bail application, it reflects that she was not released on bail merely on the ground that she was lady rather her bail order shows that after considering entire of the case, she was released on bail and on facts, case of applicant is at par with her. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant alongwith nine others made assault and due to the assault made by them one person died and one person sustained injuries but record suggests that alongwith the applicant co-accused Smt. Asha was also made accused with similar allegations and after considering entire facts of the case in detail, she has been released on bail. 11. However, it reflects that co-accused Smt. Asha was female but from her bail order which has been annexed alongwith the instant bail application, it could not be reflected that merely on the ground that she was female, she was enlarged on bail rather her bail order shows that after touching merit of the case coupled with the fact that she is female, she was released on bail and on facts, case of applicant is exactly at par with her. 12. Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 9.7.2024 i.e. for last more than 7 months. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Munendra, 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. 16. 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. 17. 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 :- 18.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad