HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22919 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Krishna Dutt Tiwari, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 337 of 2024, under Sections 191(2), 191(3), 190, 109(1), 125A, 125B, 221, 132, 121(1), 121(2), 324(4), 223B & 326(1) of BNS, Section 7 of Criminal Law Amendment Act, 1932 and Sections 3/4 of Prevention of Damages to Public Property Act, Police Station- Kotwali Sambhal, District- Sambhal, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Waris has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 20.06.2025 passed in Criminal Misc. Bail Application No. 21253 of 2025. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. Learned counsel has also stated that the applicant has no previous criminal history except four cases which have been instituted by the police at a go. The said criminal history has been explained in para-20 of the affidavit filed along with bail application. The applicant is languishing in jail since 26.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. The prayer for bail has been vehemently opposed by learned A.G.A.. Versus Counsel for Applicant(s) : Krishna Dutt Tiwari Counsel for Opposite Party(s) : G.A. Saleem .....Applicant(s) State of U.P. .....Opposite Party(s) However, the aforesaid factual aspects of parity to the co-accused and of no previous criminal history of the applicant, have not been disputed by him. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and also considering the bail order of co-accused, 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. The bail application is allowed on the ground of parity. 9. Let the applicant- Saleem, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. September 22, 2025 Siddhant BAIL No. 22919 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad