Neutral Citation No. - 2025:AHC:115134 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22774 of 2025 Applicant :- Danish Opposite Party :- State Of U.P. Though It Principal Secretary (Home) Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.,Shams Uz Zaman Hon'ble Ashutosh Srivastava,J. Notice is placed on record. This matter was mentioned for being taken up on the ground of parity The Court had required the learned counsel for the applicant to serve a notice upon Sri Shams Uz Zaman, learned counsel who appears in opposition to the bail plea. Shri Atul Kumar, learned counsel for the applicant has submitted that he has duly served notice that the matter would be taken up under ground of parity at 2 PM. However, despite receiving the notice learned counsel for opposite party-the informant is not present. In view of the above, the Court is left with no option but to proceed with the case. Heard Shri Atul Kumar learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant-Danish, seeking enlargement on bail in Case Crime No. 38 of 2025, under Sections 190, 191(2), 191(3), 103(1), 61(2), 238(A), 123 B.N.S., Police Station Chhaprauli, District Baghpat during pendency of the trial. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.02.2025 Learned counsel for the applicant submits that similarly circumstanced co-accused Sunil Tyagi has already been enlarged on bail by co-ordinate Bench of this Court on 30.05.2025 in Criminal Misc. Bail Application No. 17619 of 2025. He has a previous criminal history of one case, which has satisfactorily been explained in paragraph no. 2 of the supplementary affidavit filed in support of the bail application in which final report has been submitted by the investigating officer and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant-Danish, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 16.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad