HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21911 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant. By means of this bail application, the applicant, who is involved in Case Crime No. 504 of 2024, under Sections 103(1), 3(5), 238 of BNS, PS Murad Nagar, district Ghaziabad, seeks enlargement on bail during the pendency of trial. It is contended by learned counsel for the applicant that first information report was lodged by Zaheer, who is father of the deceased Shadab on 01.08.2024 for the offence under section 103(1) of BNS, 2023 against unknown person. It is the case of the prosecution that after one month and 20 days, the investigating officer recorded the statements of two persons namely Jarif and Mahraj showing them as eyewitnesses of the incident and they in their statements have named the applicant Sahjada and Babu stating inter alia that they assaulted the deceased due to which he died. It is further contended that co-accused Babu has been granted bail by the coordinate Bench of this Court vide order dated 20.08.2025 in Criminal Misc. Bail Application No. 10509 of 2025, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and hence the applicant is also entitled to be released on bail on the ground of parity. The applicant does not have any criminal history to his credit. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 31.10.2024 and in case, he is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Versus Counsel for Applicant(s) : Ashish Kumar Pandey Counsel for Opposite Party(s) : G.A., Kapil Tyagi Sahjada .....Applicant(s) State of U.P. .....Opposite Party(s) Per contra, learned Additional Government Advocate for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant, but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Babu under similar accusation has been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant-Sahjada, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (iii) That after his release, the applicant shall not involve in any criminal activity. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 23, 2025 Ishrat BAIL No. 21911 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad