Neutral Citation No. - 2025:AHC:25825 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 872 of 2025 Applicant :- Khempal Opposite Party :- State of U.P. Counsel for Applicant :- Atul Tej Kulshrestha Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State. 2. By means of this application under Section 439 of Cr.P.C., applicant-Khempal, who is involved in Case Crime No. 258 of 2022, under Sections 302, 506 I.P.C., police station Loni Border, district Ghaziabad, seeks enlargement on bail during the pendency of trial. 3. As per prosecution case, in brief, informant, who is brother of the deceased, lodged the first information report of this case on 26.04.2022 against co-accused Vishal and present applicant Khempal with regard to an incident which took place in the night of 22.04.2022 in the marriage of Bablu (friend of informant), in which the accused persons, without any invitation entered in the procession (barat), therefore, informant and his brother forcibly took them away from the procession, on which applicant- Khempal caught his brother Suraj and co-accused- Vishal caused knife injury to him. Injured Suraj was taken to G.T.B. Hospital, Delhi by the informant but on reaching there, the doctors declared him as brought dead. 4. Main substratum of argument of learned counsel for the applicant is that statement of informant was recorded on 23.04.2022 by S.I. Hukam Chand, wherein he has stated that he was not an eye- witness of the incident and he reached at the spot later on. Post-mortem of the deceased was conducted on 23.04.2022 and after seeing the nature of injury, the first information report was lodged on 26.04.2022 twisting the prosecution case assigning the role of causing knife injury against co-accused- Vishal and role of catching hold to the present applicant-Khempal. It is also pointed out that considering the fact that informant has come up with two different stands with regard to the incident in question, co-accused Vishal has been granted bail by this Court vide order dated 03.03.2023 in Criminal Misc. Bail Application No. 44450 of 2022, a copy of said bail order has been annexed as Annexure No. 8 to the bail application, hence, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history to his credit. 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 27.04.2022 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 5. 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. 6. 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 case of the applicant stands on better footing than that of co-accused Vishal who has been granted bail as noted above, therefore, this Court is of the opinion that the applicant has made out a prima facie case for bail on the ground of parity. Hence, the bail application is hereby allowed. 7. Let the applicant-Khempal, 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. 8. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 24.2.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad