Neutral Citation No. - 2025:AHC:131841 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10068 of 2025 Applicant :- Mohammad Maqbool Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- Ashok Trivedi,G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the parties. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 246 of 2024, under Sections 109, 117(2), 3(5) B.N.S., police station Kandharapur, district Azamgarh, seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that as per prosecution case complainant-Wahab got a first information report lodged on 02.09.2024 for the alleged offence under Section 109 of B.N.S., 2023 with regard to an incident which took place on 01.09.2024 against Imtiyaz Ahmad, Maqbool (applicant) and Maksood. The applicant has been falsely implicated in this case. It is next submitted that the injured is accused in Case No. 5564 of 2018 arising out of Case Crime No. 222 of 2013, Police Station Kandharapur, District Azamgarh, in which he was mounting pressure for compromise, when he could not succeed in his plan then false F.I.R. has been lodged. So far as injury is concerned, it is submitted that injured-Majid has received nine injuries, out of which injury No. 1 is in the nature of abraded contusion and rest of the injuries are in the nature of abrasion. It is further submitted that co- accused Mohammad Maksood Ahmad and Imtiyaz Ahmad have been granted bail by the coordinate Bench of this Court vide orders dated 01.04.2025 and 15.05.2025 in Criminal Misc. Bail Application Nos. 9768 of 2025 and 15552 of 2025 respectively. The case of the applicant stands on similar footing to that of co-accused Mohammad Maksood Ahmad and Imtiyaz Ahmad. So far as criminal history of the applicant is concerned, it is pointed out that the applicant has criminal history of two cases, out of which in Case Crime No. 196 of 2024, under Sections 15(2), 352, 351(2), 131, 117(2) of B.N.S., Police Station Kandharapur, district Azamgarh, the applicant has been granted bail and another case bearing Case Crime No. 378 of 2004, under Sections 326, 34 I.P.C., was registered at Mumbai. In the said case, the applicant was acquitted by the trial court. Against the said judgement and order of acquittal, the complainant preferred an appeal before the Sessions Judge, in which applicant was convicted and sentenced for a period of three years but later on the said sentence has been suspended by the High Court of Bombay vide order dated 05.03.20218 passed in Criminal Appeal No. 430 of 2017. Hence the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the 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 22.01.2025 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 Additional Government Advocate for the State opposed the prayer for bail of the applicant but could 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 that co- accused Mohammad Maksood Ahmad and Imtiyaz Ahmad under similar acquisition have been granted bail as noted above, therefore, the applicant has made out a prima facie case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant-Mohammad Maqbool Ahmad, 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 :- 5.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad