Neutral Citation No. - 2025:AHC:116330 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23842 of 2025 Applicant :- Rahul Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Tarun Jha, learned counsel for the applicant, Sri Kamal Singh, learned counsel for the informant, 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 Session Trial No. 71 of 2023 arising out of Complaint Case No. 94 of 2023 (State Vs. Sandip alias Sonu and others), under Sections 395, 323, 504, 506 I.P.C., Police Station- Kotwali Orai, District- Jalaun, 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 statement of the complainant recorded u/s 200 Cr.P.C. It is further submitted that the only allegation against the applicant is that he was also present with the other co-accused persons at the time of the incident. It is also submitted that no specific role has been assigned to the applicant and on the basis of general allegation, he has been falsely implicated. It is further submitted that the co-accused persons, Amit Mishra and Krishna Kant alias Krishnanand alias Makku, have already been enlarged on bail by coordinate Benches of this Court vide orders dated 18.12.2024 and 29.04.2025 passed in Criminal Misc. Bail Application Nos. 40037 of 2024 and 6917 of 2025 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal antecedents to his credit. The applicant is a law abiding citizen and is languishing in jail since 28.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the informant and learned A.G.A. have opposed the prayer for bail but could not dispute the fact that applicant has parity with the co-accused persons who have 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- Rahul Tiwari, 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 :- 17.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad