Neutral Citation No. - 2025:AHC:107010 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23255 of 2025 Applicant :- Aditya Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Subham Kumar, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State and perused the record. 2. The instant bail application at the instance of the applicant Aditya S/o Avdhesh under Section 483 BNSS, 2023 has been filed seeking enlargement on bail in Case Crime No. 16 of 2025, under Section 191 (2), 115 (2), 352, 351 (2), 351 (3), 105 BNS, P.S. Bhavanpur, District Meerut, during the pendency of the trial before the court below. The bail application of the applicant before the court below was rejected by the learned Sessions Judge, Court No. 1, Meerut, vide order dated 03.06.2025 and the applicant is languishing in jail since 04.02.2025. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. It is submitted that first information report has been lodged by the informant on 18.01.2025 against Vikki and 2-3 unknown persons with the allegation that on 09.01.2025 at about 8:30 p.m. when his brother Hoshiyar Singh was standing near Ambedkar Bhawan of the Mohalla waiting for the contractor, Vikki along with 2-3 unknown persons came there and demanded Rs. 200/- from his brother. On refusal by his brother, Vikki and and other accused persons started marpeet with bricks and stick, lathi and danda resultantly the brother of the first informant sustained injuries and he was admitted in the concerned hospital and during treatment, the brother of the informant died on 27.01.2025 in the hospital. The autopsy of the body of the deceased was conducted and as per the post mortem report the cause of death due to septicemia was reported. It is submitted that the applicant is not named in the first information report. His name has come into the light during investigation as the applicant is friend of co-accused Vikki. It is further submitted that on similar footing the co- accused, Sanju, Manish Kumar have already been enlarged on bail by coordinate Bench of this Court by order dated 03.06.2025 and 04.06.2025 passed in Criminal Misc. Bail Application Nos. 16169 of 2025 and18526 of 2025, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Sanju and Manish Kumar, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has no criminal antecedent 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. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Aditya 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 7.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad