Neutral Citation No. - 2025:AHC:114525 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16921 of 2025 Applicant :- Rajesh Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akshay Kumar Shukla,Shubhi Singh Counsel for Opposite Party :- Abhilasha Singh,Ashutosh Yadav,G.A.,Shyam Lal Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akshay Kumar Shukla, learned counsel for the applicants, Ms. Abhilasha Singh, learned counsel for the informant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.528 of 2024, under Sections 80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station Sarnath, District Varanasi, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused persons, namely, Nagesari Devi and Sitaram Yadav, have already been enlarged on bail by this Court vide order dated 28.4.2025 passed in Criminal Misc. Bail Application No.9254 of 2025. There is no criminal history of the applicants. The applicants are languishing in jail since 13.02.2025 and 08.04.2025 respectively. He further submitted that since the roles of the applicants are identical to that of co-accused who have already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. 5. The prayer for bail has been vehemently opposed by learned counsel for the informant and learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by them. 6. 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 judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigationa and Another, 2022 SCC OnLine SC 825, and without expressing any opinion on the merits of the case, this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity. 7. Let the applicants- Rajesh Yadav and Reenu Devi @ Renu Devi, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. Order Date :- 16.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad