Neutral Citation No. - 2025:AHC:31890 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42070 of 2023 Applicant :- Tabish Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Rai,Azad Khan,Mashhood Abbas Counsel for Opposite Party :- G.A.,Prem Chandra Patel Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. 2. By means of this application under Section 439 of Cr.P.C., applicant-Tabish, who is involved in Case Crime No. 225 of 2022, under Sections 304, 323, 452 I.P.C., police station Kheta Sarai, district Jaunpur, seeks enlargement on bail during the pendency of trial. 3. It is argued by learned counsel for the applicant that the complainant-Mohammad Nazim lodged a first information report on 23.11.2022 for the offence under Sections 308, 323 and 452 I.P.C. against Kashif, Tabish, Sajid and Mohammad Azam and after culmination of investigation charge-sheet was submitted against them under Sections 304, 302, 452 I.P.C. It is further contended by learned counsel for the applicant that co-accused Sajid and Mohd Qasim alias Kashif have been granted bail by the Coordinate Bench of this Court vide order dated 27.01.2025 in Criminal Misc. Bail Application Nos. 53336 of 2023 and 11059 of 2024 respectively, copy of said orders has been produced by the learned counsel for the applicant, which is taken on record and 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 27.11.2022 having no criminal history to his credit and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 4. Per contra, learned Additional Government Advocate for the State and learned counsel for the complainant opposed the prayer for bail of the applicant but they could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5. 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 co-accused Sajid and Mohd Qasim alias Kashif under similar accusation 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. 6. Let the applicant-Tabish, 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:- (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. 7. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. 8. 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 :- 5.3.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad