Neutral Citation No. - 2025:AHC:73732 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15210 of 2025 Applicant :- Burhan Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amar Jeet Upadhyay, learned counsel for the applicant and Sri Sushil Kumar Pandey, learned counsel for the informant as well as Sri Sushil Kumar Shukla, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 478 of 2024, U/S 103(1), 238 B.N.S., Police Station Lohiya Nagar, District Meerut, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Intzar has already been enlarged on bail by this Court vide order dated 29.4.2025 passed in Criminal Misc. Bail Application No. 11318 of 2025. The applicant is languishing in jail since 10.10.2024 having no criminal history. He further submitted that since the role of the applicant is identical to that of the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. The prayer for bail have been vehemently opposed by learned State Law Officer and learned counsel for the informant on the ground that the applicant carried a motive for the offence, as he was having illicit relationship with the sister of the deceased person and there is a recovery of a danda at his pointing out. However, the aforesaid factual aspect of parity to the co-accused and have not been disputed by him. 6. In the case of Rahul v. State of Delhi Ministry of Home Affairs & Anr. AIR 2022 SC 5661 the Supreme Court held that the confession of an accused before a police officer is inadmissible, being hit by Section 25 of Evidence Act. Though, information furnished to I.O. leading to discovery of place of offence would be admissible to extent indicated in S.27 read with S.8 of Act, but not entire disclosure statement in nature of confession recorded by Police officer. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2022 SCC Online SC 825 without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity. 8. Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Burhan Ansari, who is involved in aforementioned case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 7.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad