Neutral Citation No. - 2025:AHC:55815 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42428 of 2023 Applicant :- Akash Alias Jashpal Opposite Party :- State of U.P. Counsel for Applicant :- Navin Kumar Pandey,Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. First bail application of the applicant was dismissed for want of prosecution by this Court vide order dated 16.02.2023 in Criminal Misc Bail Application No.31619 of 2022. 3. By means of this second bail application under Section 439 of Cr.P.C., applicant- Akash Alias Jashpal, who is involved in Case Crime No.231 of 2021, under Sections 302, 307 of I.P.C., Police Station Kayamganj, District Farrukhabad seeks enlargement on bail during the pendency of trial. 4. As per prosecution case, in brief, Pappu (brother of the informant) has lost his life on account of injuries caused by accused persons, namely, Nikhil, Akash alias Jashpal (applicant), Raj Kumar and Santoshi Devi. In the incident, informant's Bhabhi Kiran and his nephew Dharmendra also received injuries. From the side of accused persons, Santoshi Devi has received injuries. 5. Main substratum of argument of learned counsel for the applicant is that the trial of the applicant is running of slow pace. It is further pointed out that when informant- Shankar was examined before the trial court as P.W.-1, he has made allegation of assault against all the accused persons, namely, Raj Kumar, Akash alias Jashpal (applicant), Nikhil and his wife Santoshi by 'takora' and 'danda'. It is also case of the prosecution that at the pointing out of accused Raj Kumar and present applicant- Akash alias Jashpal, takora was recovered and at the pointing out of accused Nikhil and Santoshi, 'danda' was recovered, which has been shown as a weapon of assault. The co-accused Nikhil has been declared juvenile, therefore, his trial has been separated. The other co- accused, namely, Santoshi Devi and Raj Kumar have been granted bail by this Court vide orders dated 04.07.2022 & 03.01.2023 in Criminal Misc. Bail Application Nos. 7755 of 2022 and 31886 of 2022. Therefore, the applicant is also entitled to be released on bail on the ground of parity. 6. On the other hand, learned Additional Government Advocate opposed the prayer for bail but could not dispute the factum of the case as argued on behalf of the applicant. 7. Having heard learned counsel for the parties and perusing the record, I find that it is not in dispute that the case of the present applicant stands similar footing to that of co-accused Raj Kumar, who has been granted bail as noted above. The applicant is languishing in jail since 22.07.2021 but till date, only two prosecution witnesses have been examined out of 25 prosecution witnesses of the charge sheet. 8. Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submission of the learned counsel for the parties as noted above, the applicant has made out a case for bail. Accordingly bail application of the applicant is hereby allowed. 9. Let the applicant- Akash Alias Jashpal, 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: (i) That the applicant shall cooperate with 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 before the release of the applicant on bail. 10. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 11. it is made clear that the observations contained in the instant order are confined to the issue of bail and shall not effect the merit of the trial. Order Date :- 16.4.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad