Neutral Citation No. - 2025:AHC:138150 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47985 of 2023 Applicant :- Satyaveer Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tripathi,Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.,Gulhuma,Shahzad Alam Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Kumar Tiwari, learned counsel for the applicant and Sri Shahzad Alam, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. This is the second bail application filed on behalf of applicant seeking bail in Case Crime No. 492 of 2021, under Sections 307, 302, 504, 506, 34 of I.P.C., Police Station - Jaitipur, District - Shahjahanpur, during the pendency of trial. His first bail application was rejected by the coordinate Bench of this Court vide order dated 23.05.2022 passed in C.M.B.A. No. 20315 of 2022. 4. As per prosecution story, an altercation ensued between the applicant and other co-accused persons and the deceased person, as such, the applicant and other family members are stated to have reached the house of the informant on 22.12.2021 at about 07:00 PM. All the four accused persons are stated to have fired indiscriminately at the brother-in-law of the informant, causing his death instantaneously. The marriage of said brother-in-law was solemnized 25 days before the incident. 5. Learned counsel for the applicant has stated that there is only one injury sustained by the deceased person in his abdomen which is the cause of his death. The role of all the accused persons is at similar footing. 6. Learned counsel has further stated that subsequent to it, the co- accused person, Ramveer, has been enlarged on bail by coordinate Bench of this Court vide order dated 21.10.2022 passed in Criminal Misc. Bail Application No. 21700 of 2022. It is further submitted that since the case of the applicant is at par to the co- accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 23.12.2021, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. The prayer for bail has been vehemently opposed by learned counsel for the informant as well as learned A.G.A.. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by them. 8. This Court had called for a report regarding the status of trial and in compliance thereof, a report has been submitted by the Trial Court concerned dated 24.09.2024. As per the said report, only five witnesses have been examined. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the 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 judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 10. Let the applicant- Satyaveer, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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:- 13.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad