Neutral Citation No. - 2025:AHC:119443 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23362 of 2025 Applicant :- Shailendra Opposite Party :- State of U.P. Counsel for Applicant :- Priyanka Upadhyay,Rajeev Goswami Counsel for Opposite Party :- G.A.,Garun Pal Singh Hon'ble Ashutosh Srivastava,J. Heard Sri Rajeev Goswami, learned counsel for the applicant, Sri G. P. Singh, learned counsel for the informant, Sri Arimardan Yadav, learned AGA for the State Respondent. By means of this application, the applicant, who is involved in Case Crime No. 306 of 2024, under Sections 191(2), 191(3), 190, 105, 115(2), 352, 351(3) of B.N.S., Police Station Barsana, District Mathura, seeks enlargement on bail during the pendency of trial. In short compass, the facts of the case are that a first information report has been lodged on 05.11.2024 against 14 named accused persons with the allegations that on 01.11.2024 a quarrel took place between Vishnu, son of Ramdhan on one side and Anurag, son of Devo on the other over bursting crackers, the information of the incident was given by his brother Ramdhan at police station Barsana. On 05.11.2024 at about 7.30 A.M. when his younger brother Hira Lal was returning home from his field, the accused persons armed with deadly weapon assaulted his brother with their respective weapon, due to which, he died. It is contended by learned counsel for the applicant that co-accused Bhikki, Phool Singh, Jitendra, Rajpal, Mahesh alias Mahesh Chand and Ramveer, having role of assault have been granted bail by the Co-ordinate Bench of this Court vide order dated 07.05.2025, separate orders dated 17.05.2025, orders dated 22.05.2025 and 28.05.2025 in Criminal Misc. Bail Application Nos. 7116 of 2025, 15847 of 2025, 15876 of 2025, 15906 of 2025, 16647 of 2025 and 13591 of 2025 respectively and hence the applicant is also entitled for bail on the ground of parity. The applicant has no 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 the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 08.11.2024 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 Additional Government Advocate representing the State and learned counsel for the complainant although opposed the prayer for bail but concede that other co-accused on similar footing have been granted bail. 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 Bhikki, Phool Singh, Jitendra, Rajpal and Mahesh alias Mahesh Chand and Ramveer 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, Shailendra, 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. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 22.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad