Neutral Citation No. - 2025:AHC:135996 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22882 of 2025 Applicant :- Ashu Alias Akhilesh Opposite Party :- State of U.P. Counsel for Applicant :- Parvish Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Parvish Kumar, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.187 of 2024, under Sections 147, 148, 149, 307, 302 I.P.C. and Sections 3/25/27 Arms Act, Police Station Khekara, District Baghpat, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court vide order dated 12.05.2025 but he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant, co-accused Badal Alias Balendra and Sunny have been released on bail by this Court. 4. He further submits that bail granting order passed in the case of co-accused Badal Alias Balendra has been annexed at page 155 of the paper book and he placed the order of granting bail of co- accused Sunny during the course of argument, which is taken on record. 5. He further submits that case of applicant is exactly at par with co-accused Badal Alias Balendra and Sunny. 6. He further submits that therefore on the ground of parity itself, applicant should be enlarged on bail. 7. He further submits that however, apart from the present case, applicant is having criminal of one another case but that case relates to minor offences and his criminal history has been duly explained in the instant second bail application. 8. He further submits that applicant is in jail in the present matter since 14.08.2024 i.e. for last almost one year. 9. Per contra, learned AGA opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court but could not dispute the fact that after rejection of the first bail application of the applicant, co-accused Badal Alias Balendra and Sunny have been released on bail by this Court and case of applicant is at par with them. 10. He further could not dispute the fact that applicant is in jail in the present matter since 14.08.2024 i.e. for last almost one year. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court vide order dated 12.05.2025 but it reflects that after rejection of the first bail application of the applicant, co- accused Badal Alias Balendra and Sunny have been released on bail by this Court and case of applicant is at par with them. 13. Further, however, apart from the present case, applicant is having criminal of one another case but that case relates to minor offences and his criminal history has been duly explained in the instant second bail application. 14. Further, applicant is in jail in the present matter since 14.08.2024 i.e. for last almost one year. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Ashu Alias Akhilesh, be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 11.8.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad