Neutral Citation No. - 2025:AHC:90042 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14159 of 2025 Applicant :- Hemant Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Pandey Counsel for Opposite Party :- G.A.,Nirbhay Singh Hon'ble Sameer Jain,J. 1. Heard Sri Prabhat Kumar Pandey, learned counsel for the applicant, Sri Nirbhay Singh, learned counsel for the informant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 60 of 2021, under Sections 302, 323 IPC, Police Station Soron, District Kasganj during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation applicant along with three others including co-accused Rakesh @ Bunti committed the murder of the deceased but entire allegation leveled against the applicant is totally false. 4. He further submits, even co-accused Rakesh @ Bunti has been released on bail by the co-ordinate Bench of this Court and his bail order has been annexed at page-63 of the paper-book and as far as facts of the case are concerned, the case of applicant is at par with him. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 22.02.2021 i.e. for last more than four years. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that there is ample evidence that applicant along with others committed the murder of the deceased but could not dispute the fact that along with applicant co-accused Rakesh @ Bunti was also made accused and he has been released on bail by the co-ordinate Bench of this Court and on facts case of applicant is exactly at par with him. 7. They further could not dispute the fact that applicant is not having any criminal history and in the present matter applicant is in jail since 22.02.2021 i.e. for last more than four years. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, allegations against the applicant and other accused persons are quite serious and as per allegation they committed the murder of the deceased but it reflects, co-accused Rakesh @ Bunti has been released on bail by the co-ordinate Bench of this Court and on facts case of applicant is exactly at par with him. 10. 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." 11. Therefore, in the light of the observation made by the Apex Court in the case of S.K. Antil (supra), all the accused should be treated equally, therefore, bail application of the applicant can be considered on the sole ground of parity. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 22.02.2021 i.e. for last more than four years. 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 - Hemant Kumar 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 :- 27.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad