Neutral Citation No. - 2025:AHC:110260 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23755 of 2025 Applicant :- Vishu Opposite Party :- State Of U.P. Though It Principal Secretary (Home) Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State. 2-By means of this application, applicant-Vishnu who is involved in Case Crime No. 71 of 2025, under Sections 9, 5, 25, 26(2), 29 and 35 Arms Act, Police Station Khalapar, District Muzaffarnagar seeks enlargement on bail during the pendency of trial. 3-Brief facts of the case are that with regard to an incident dated 18.04.2025, an F.I.R. was lodged on 19.04.2025 for the offence under Sections 3, 5, 9, 25, 26(2), 29 and 35 Arms Act against eleven accused persons namely Robin, Rohit, Abhay, Vishal, Vishu (present applicant), Karan, Kabir, Vivek, Pramod, Jitendra and Uzaifa. As per the prosecution case, police has intercepted a car in which applicant along with other co-accused persons were found sitting. During the search, eight pistols of .32 bore along with three country-made pistols of .315 bore and four cartridges of .32 bore along with two live cartridges of .315 bore were recovered. 4-Main substratum of argument of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. There is no independent witness of the said recovery. He next submits that the case of the applicant stands on identical footing to that of co-accused Karan, Vishal, Robin, Jitendra and Uzaifa, who have been granted bail by the co-ordinate Bench of this Court vide orders dated 27.05.2025, 03.06.2025 and 04.06.2025 in Criminal Misc. Bail Application Nos. 15698 of 2025, 16161 of 2025, 16304 of 2025, 16227 of 2025 and 17429 of 2025, copies whereof have been annexed as Annexure No. 2 to the affidavit filed in support of this bail application, hence, the applicant is also entitled to be released on 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 19.04.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be ad-judged at pre-trial stage but did 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 substance in the submission of learned counsel for the applicant that co-accused Karan, Vishal, Robin, Jitendra and Uzaifa, under similar accusation, have 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 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. 8-Let the applicant-Vishu, 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. 9-The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 10.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad