Neutral Citation No. - 2025:AHC:91265 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17261 of 2025 Applicant :- Nablu Alias Nabal Kishor Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. Heard Mr. Vikas Tiwari, learned counsel for the applicant, Sri Anshit Srivastava, holding brief of Sri Aditya Kumar Kushwaha, learned counsel for the informant as well as Sri Pranshu Kumar, learned AGA for the State and perused the record. 2. Applicant seeks bail in Case Crime No. 32 of 2025, under Sections 65(1), 137(2), 351(3) of BNS and Section 3/4(2) of POCSO Act, Police Station Todi Fatehpur, District Jhansi, during the pendency of trial. 3. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Deepak, has already been enlarged on bail by same Bench of this Court vide order dated 16.05.2025 passed in Criminal Misc. Bail Application No. 14211 of 2025. It is further submitted that the case of the applicant is at better footing qua co-accused person, who has already been enlarged on bail, as the applicant is not named in the FIR, as such, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 13.03.2025, 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. 4. The prayer for bail has been vehemently opposed by learned A.G.A. as well as learned counsel for the informant. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him. 5. 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. 6. Let the applicant- Nablu Alias Nabal Kishor, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. 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 :- 28.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad