Neutral Citation No. - 2025:AHC:91355 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17339 of 2025 Applicant :- Suraj Gupta And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gunjan Dwivedi,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 14.05.2025 but none is present on behalf of the informant. 2. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicants and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. Applicants seek bail in Case Crime No. 0124 of 2024, under Section 70(2) of BNS, Sections 5g/6 of POCSO Act and Section 3(2)V of SC/ST Act, Police Station - Jamalpur, District - Mirzapur, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person, Vineet Singh, has already been enlarged on bail by this Court vide order dated 24.04.2025 passed in Criminal Misc. Bail Application No. 12348 of 2025. Learned counsel has further submitted that since the case of the applicants is at par with the co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. The applicants are languishing in jail since 15.12.2024, having no criminal history. In case, the applicants are released on bail, they will not misuse the liberty of bail and shall cooperate with trial. 5. The prayer for bail has been vehemently opposed by learned A.G.A. and learned counsel for the first informant. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicants, have not been disputed by them. 6. 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. 7. Let the applicants- Suraj Gupta and Aman Patel, 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 will not tamper with the evidence during trial. ii) The applicants will not pressurise/intimidate with the prosecution witnesses. iii) The applicants will 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 his independent opinion based on the testimony of the witnesses. Order Date:- 28.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad