Neutral Citation No. - 2025:AHC:131235 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24945 of 2025 Applicant :- Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Uma Dutt Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Rajkumar, who is involved in Case Crime No. 16 of 2025, under Sections 191(2), 191(3), 115(2), 109(1), 352, 125, 118(1) BNS, police station Mantola, district Agra, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is brother of the injured, got an F.I.R. lodged on 15.03.2025 for the offence under Sections 191(2), 191(3), 115(2), 118(1), 125, 352, 351(3) BNS against six named accused, namely, Gaurav, Monty, Rajkumar, Rocky, Manish, Anil and 15-20 unknown persons alleging inter alia that on 14.03.2025 at about 12:30 P.M., his brother Akash was standing outside his house. When he was going to pee near the toilet, accused Gaurav, Monti, Rajkumar, Rocky, Manish and Anil came near him and asked him that how did you come here and started abusing him. When his brother forbidden them to abuse, then they with common intention committed maarpeet with him and accused Monti caused knife injury on his shoulder, due to which, he got injured. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. General role of assault has been assigned to all the accused persons but specific role of causing knife injury to injured at his shoulder (as per F.I.R.) and neck (as per statement of the injured) has been attributed to co-accused Monti. The case of the present applicant stands on better footing to that of co-accused Monti @ Mantu, who has been granted bail by the coordinate Bench of this Court vide order dated 21.07.2025 passed in Criminal Misc. Bail Application No. 22268 of 2025, a copy of said order has been produced by learned counsel for the applicant, which is taken on record and hence the applicant is also entitled for bail on the ground of parity. The applicant does not have any criminal history to his credit. Lastly, it is submitted 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 06.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but did not dispute the above factual aspect of the matter as argued on behalf of the applicant. 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 case of the applicant stands on better footing than that of co-accused Monti @ Mantu, who has been granted bail. 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. Let the applicant Rajkumar 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 5.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad