Neutral Citation No. - 2025:AHC:131123 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22601 of 2025 Applicant :- Chand Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Chand Mohammad, who is involved in Case Crime No. 112 of 2025, under Sections 190, 191(2), 191(3), 109, 352, 351(2), 351(3), 132, 121(1), 125, 324(4) BNS, Section 7 Criminal Law Amendment Act and Section 3/25/27 Arms Act, police station Simbhawali, district Hapur, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, on the basis of information that fighting between two groups is going on at Village Saina, District Hapur, the police reached at the spot and found that both the groups were involved in cross firing against each other. Accordingly, the F.I.R. was lodged against 39 named accused persons and one unknown person. It is contended by learned counsel for the applicant that out of 39 accused persons, only 10 accused persons, namely, Babu, Shohrab Ali, Shakar, Nawajish, Asif, Anas, Akbar, Abdulla, Umed and Amil were apprehended from the spot whereas rest of the accused persons including the applicant are said to have been absconded from the place of occurrence. It is next submitted that the applicant has been falsely implicated in this case. No specific role has been attributed to the applicant. On 26.05.2025, the applicant was apprehended and false recovery of one country-made pistol alongwith one live cartridge and an empty cartridge were shown by the police. It is also pointed out that co-accused Asif who was apprehended at the spot has been granted bail by the coordinate Bench of this Court vide order dated 18.07.2025 in Criminal Misc. Bail Application No. 18459 of 2025 and another accused, namely, Talib, who was not apprehended at the spot, has also been granted bail vide order dated 18.07.2025 passed in Criminal Misc. Bail Application No. 17925 of 2025, hence the applicant is also entitled for bail on the ground of parity. The applicant does not have any criminal criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 26.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but did 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 Asif and Talib under similar accusation have 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 Chand Mohammad 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, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 5.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad