Neutral Citation No. - 2025:AHC:36642 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1263 of 2025 Applicant :- Bhoora Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Sameer Khan Counsel for Opposite Party :- G.A.,Rakesh Kumar Verma Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party, and Sri Rakesh Kumar Verma, learned counsel for the informant. 2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 10 of 2024, under Sections 420, 467, 468, 471, 384, 506 I.P.C., Police Station Bilari, District Moradabad during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Earlier the applicant had lodged a first information report against the informant registered as Case Crime No. 306 of 2023, under Sections 3(2) (va), 3(1)(Gha), 3(1)(Da) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 506, 504, 323, 452, 147 I.P.C., Police Station Bilari, District Moradabad. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicant. It is next contended that identically placed co-accused Chetendra Singh @ Chetan Chaudhary, Vijayveer and Rajeev Kumar have been granted bail by this Court vide orders dated 01.10.2024, 23.10.2024 and 05.11.2024 passed in Criminal Misc. Bail Application Nos. 23723 of 2024 (Chetendra Singh @ Chetan Chaudhary v. State of U.P.), 35375 of 2024 (Vijayveer v. State of U.P.) and 40022 of 2024 (Rajeev Kumar v. State of U.P.) respectively. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-18 of the affidavit. The applicant is in jail since 17.09.2024 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that at this stage there is no substantive evidence to link the applicant with the offence. Identically placed co-accused Chetendra Singh @ Chetan Chaudhary, Vijayveer and Rajeev Kumar have been granted bail by this Court. Moreover, the applicant has remained confined for more than five months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Bhoora Jatav, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad