Neutral Citation No. - 2025:AHC:75217 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15625 of 2025 Applicant :- Neelu Alias Dharm Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Vipul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Daga, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 231 of 2023, under Sections 302, 364, 201, 34 IPC, Police Station Baruasagar, District Jhansi during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with others but admittedly informant of the case was not the eye witness. He further submits, however, during investigation Investigating Officer recorded the statements of two witnesses namely Achchey Lal Yadav and Ravi Kumar Yadav and they stated that applicant along with others threw the deceased in the river but their statements do not appear to be convincing. 4. He further submits, even co-accused Sunil has been released on bail by the co-ordinate Bench of this Court vide order dated 28.04.2025 passed in Criminal Misc. Bail Application No. 10827 of 2025 and on facts case of applicant is exactly 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 05.12.2023 i.e. for last almost one and half years. 6. Per contra, learned AGA opposed the prayer for bail and submitted that allegation against the applicant and others are quite serious and there is eye witness account also but could not dispute the fact that along with applicant co-accused Sunil 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 at par with him. 7. Learned AGA further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail since 05.12.2023 i.e. for last almost one and half years. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation applicant along with others abducted the deceased and thereafter committed his murder and as per prosecution incident has been witnessed by two witnesses but it reflects, along with applicant co-accused Sunil was also made accused and he has already been released on bail by the co- ordinate Bench of this Court and on facts case of applicant is 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. Further, applicant is not having any criminal history and in the present matter he is in jail since 05.12.2023 i.e. for last almost one and half years. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Neelu @ Dharm Singh 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. 15. 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. 16. 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 :- 8.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad