Neutral Citation No. - 2025:AHC:112129 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18262 of 2025 Applicant :- Sachin Bhati Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Tripathi,Ritwik Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Counter affidavit filed by learned A.G.A. today is taken on record. 3. Heard Sri Rajneesh Tripathi, learned counsel for the applicant and Sri Mohd. Naushad Siddiqui, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 4. Applicant seeks bail in Case Crime No. 569 of 223, under Sections 420, 406, 467, 468, 471, 120B, 506, 34 IPC, Police Station Sector-63, NOIDA, District Gautam Budh Nagar, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. Learned counsel for the applicant has claimed parity with co-accused Rishipal, as such the applicant is entitled for bail. 6. Learned counsel has fairly conceded the fact that on 25.06.2025, charge has been framed against the applicant but the said fact was not in the knowledge of any party and the report of the trial court dated 23.05.2025 was on record and the charge has been framed subsequent to the said report. 7. The case is triable by the Magistrate. There is no criminal history of the applicant. The applicant is languishing in jail since 22.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant is the chief architect of the instant crime and the FIR instituted by him against the informant herein has culminated into a closure report, as such the applicant is not entitled for bail. 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 applicants are entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 10. Let the applicant- Sachin Bhati, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall 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. 13. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment. Order Date :- 14.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad