Neutral Citation No. - 2025:AHC:107859 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17127 of 2025 Applicant :- Amit Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Subodh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this application under Section 483 of BNSS., applicant Amit Yadav, who is involved in Case Crime No. 09 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) Bhartiya Nyaya Sanhita and Sections 6/10 Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1998, police station Kotwali, district Basti seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that on 05.01.2025, a first information report was lodged against Ayodhya Prasad and Ajay Yadav as well as some unknown persons. It is the case of the prosecution that Ajay Yadav was appearing in the examination in place of one Ayodhya Prasad. During investigation, complicity of present applicant Amit Yadav came into light in the statement of Ajay Yadav wherein he has stated inter alia that Amit Yadav is also indulged in the said offence. He also disclosed that he alongwith Ayodhya Prasad, Amit Yadav (present applicant) and Pannelal Yadav had come to Sikohabad. Thereafter, Ayodhya Prasad got the form of U.P. Civil Court Staff Centralized Recruitment, 2024/25 filed by matching his face. They got his photograph pasted on the form. Even Amit had book a ticket in Amrapali Train dated 04.01.2025 in his name and in the name of his cousin Roby Yadav from Tundla to Kanpur and Kanpur to Basti. But later on, in place of Roby Yadav, Amit had come with him. Apart from the merit of the case, much emphasis has been given by contending that co-accused Ayodhya Prasad has been granted bail vide order dated 07.05.2025 passed in Criminal Misc. Bail Application No. 6011 of 2025. The case of the present applicant stands on identical footing to that of co-accused Ayodhya Prasad and hence the applicant is also entitled for bail on the ground of parity. The applicant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 06.01.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but did not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Ayodhya Prasad under similar accusation have been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Amit Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 8.7.2025/Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad