Neutral Citation No. - 2025:AHC:101121 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20168 of 2025 Applicant :- Manohar Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Rajput Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Amit Kumar Rajput, learned counsel for the applicant, Sri Raj Bahadur Verma, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No.877 of 2024, under Sections 109, 127(2), 115(2), 352, 118(1), 351(3) B.N.S., P.S. Shiluatal, District Gorakhpur. 3. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that allegations in the F.I.R. are that applicant along with co-accused Avinash Kumar Nishad, Sandeep, Kishan, Depesh and two unkown persons have assaulted the victim. No specific role has been assigned to any of them. It is further submitted that co-accused Avinash Kumar Nishad has already been granted bail by co-ordinate Benche of this Court vide order dated 01.05.2025 passed in Criminal Misc. Bail Application No.3826 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co- accused Avinash Kumar Nishad. It is further submitted that the applicant has criminal history of four cases which have been explained in the affidavit filed in support of the bail application. It is further submitted that chargesheet has already been submitted, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 10.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Manohar Nishad, involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 1.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad