HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15769 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Rejoinder affidavit filed today is taken on record. 3. Heard Sri Rajnish Kumar Pandey, learned counsel for the applicant, Sri Amit Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 128 of 2025, under Section 08, 20, 29, 60 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-Akrabad, District-Aligarh, during the pendency of trial. 5. Learned counsel for the applicant submitted that the case of the applicant is at a better footing to the co-accused person-Ravi Kumar as there is no recovery from the applicant. Co-accused person has been enlarged on bail by co-ordinate Bench of this Court vide order dated 25.07.2025 passed in Criminal Misc. Bail Application No. 13601 of 2025. The applicant is stated to be the person who used to supply the said contraband to the co-accused person. The applicant is languishing in jail since 21.03.2025. He further submitted that since the role of the applicant is identical to that of co- accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 6. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. Versus Counsel for Applicant(s) : Rajnish Kumar Pandey, Santosh Kumar Pandey Counsel for Opposite Party(s) : G.A. Bos Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 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. Let the applicant-Bos Kumar, who is involved in aforementioned case crime 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 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. September 12, 2025 Karan BAIL No. 15769 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad