Neutral Citation No. - 2025:AHC:85533 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21121 of 2024 Applicant :- Upendra Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- K.K.Rao,Pradeep Kumar Srinette Counsel for Opposite Party :- Awaneesha Kumar,G.A.,Mahesh Kumar Sahani Hon'ble Krishan Pahal,J. 1. None is present on behalf of the informant even in the revised call. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri K.K.Rao, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 0071 of 2024, under Sections 376D, 504 & 506 of I.P.C. and Section 67 of Information Technology Act, Police Station - Chauri Chaura, District - Gorakhpur, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Anil @ Daroga has already been enlarged on bail by this Court vide order dated 3.3.2025 passed in Criminal Misc. Bail Application No. 23409 of 2024. It is further submitted that since the case of the applicant is at par to the co- accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 04.03.2024, 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. 5. The prayer for bail has been vehemently opposed by learned State Law Officer. 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. 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 applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 7. Let the applicant- Upendra Nishad, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant 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 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:- 21.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad