Neutral Citation No. - 2025:AHC:137798 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23456 of 2025 Applicant :- Manish Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Rai,Manoj Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-The instant bail application has been filed on behalf of the applicant-Manish Nishad with a prayer to release him on bail in Case Crime No. 197 of 2025, under Sections 109, 115(2), 352 and 3(5) B.N.S., Police Station-Geeda District-Gorakhpur during the pendency of trial. 3-As per the prosecution case in brief, complainant who is also an injured got a first information report lodged on 06.04.2025 for the offence under Sections 109, 115(2) and 352 B.N.S. against Mukesh and Ajit Yadav making allegation inter-alia that on 05.04.2025 at about 08:00 o'clock, they came to his shop and ordered for chowmein and when the complainant demanded for money, he was badly beaten by them and Mukesh assaulted him with knife. 4-It is argued by learned counsel for the applicant that in this case, the impugned first information report has been lodged by the injured himself but he has not named the present applicant in the F.I.R. It is next submitted that later on, during investigation when the statement of the injured was recorded, he has improved the prosecution case making allegation inter-alia that he was caught hold by Ajit Yadav and Manish Nishad (applicant) and co-accused Mukesh has assaulted him with knife whereby he has received injuries on the right side of his chest. It is next pointed out that the case of present applicant is similar to that of co-accused Ajit Yadav, who has been granted bail by the co-ordinate Bench of this Court vide order dated 26.05.2025 in Criminal Misc. Bail Application No. 17021 of 2025, therefore, the applicant who has no criminal antecedent and is languishing in jail since 06.04.2025 is also entitled to be released on bail on the ground of parity. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the main role of causing knife injury has been attributed to co-accused Mukesh. As per the injury report, injured has sustained four injuries, out of which one injury is simple in nature and three injuries are grievous in nature. Co-accused Ajit Yadav, under similar accusation, has been granted bail, as noted above. 7-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the order of co-accused Ajit Yadav, I am of the view that the applicant has made out a fit case for bail on the ground of parity. 8-Accordingly, the instant bail application is hereby allowed. 9-Let the applicant-Manish Nishad, 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 before the release of the applicant on bail. 10-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 13.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad