Neutral Citation No. - 2025:AHC:114136 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23269 of 2025 Applicant :- Shahmir Alias Samir Jamal Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Farid Ahmad, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 305 of 2024, under Sections 191(2), 191(3), 190, 109(1), 121(1), 324(5), 326G, 310(2), 223B, 132 B.N.S., Section 7 Criminal Law Amendment Act, 1932 and Section 3/4 Prevention of Damage to Public Property Act, Police Station- Nakhasa, District- Sambhal, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant was not named in the F.I.R. Subsequently, his name came up in the confessional statement of the co-accused. It is further submitted that the applicant was not shown in the CCTV footage and no incriminating material has been recovered from his possession. It is further submitted that the co-accused, Mohd Mohsin Alias Mohsin, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 30.06.2025 passed in Criminal Misc. Bail Application No. 16931 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has explained criminal history of one case in the accompanying affidavit. The applicant is a law abiding citizen and is languishing in jail since 22.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that applicant has parity with the co-accused who has already been released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity. 6. Let the applicant- Shahmir Alias Samir Jamal, involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 14.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad