Neutral Citation No. - 2025:AHC:126844 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18882 of 2025 Applicant :- Tinku And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.,Syed Mohd. Abbas Ali,Vipul Shukla Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mahendra Singh, learned counsel for the applicants, Sri Syed Mohd. Abbas Ali, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.42 of 2025, under Sections 351(2), 352, 115(2), 109 BNS, Police Station- Kunwargaon, District- Budaun, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person, Ramchandra has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 04.07.2025 passed in Criminal Misc. Bail Application No. 18953 of 2025. The applicants are languishing in jail since 29.04.2025. He further submitted that since the role of the applicants are identical to that of co-accused who has already been enlarged on bail, they are 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 applicants have made out a case for bail. The bail application is allowed on the ground of parity. 7. Let the applicants- Tinku and Balakram, 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 shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants 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 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 :- 29.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad