Neutral Citation No. - 2025:AHC:121652 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17398 of 2025 Applicant :- Amarnath Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Deeksha Gupta,Grijesh Tiwari,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Grijesh Tiwari, learned counsel for the applicant, Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.65 of 2025, under Sections 318(4), 61(2) of BNS and Section 8(2)(3), 11(3), 13(5) of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, Police Station- Kaptanganj, District- Azamgarh, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Madhuri Gaud has already been enlarged on bail by this Court vide order dated 23.05.2025 passed in Criminal Misc. Bail Application No. 15833 of 2025. The applicant is languishing in jail since 12.03.2025. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. 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 judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity. 7. Let the applicant- Amarnath Pathak, 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant 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 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 :- 24.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad