Neutral Citation No. - 2025:AHC:134580 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27329 of 2025 Applicant :- Dharmendra Yadav Alias Munna Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar,Nilesh Kumar Dubey,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-The instant bail application has been filed on behalf the applicant with a prayer to release him on bail in Case Crime No. 202 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 351(3), 109 of B.N.S., police station Chauri Chaura, district Gorakhpur, during the pendency of trial. 3-It is argued by learned counsel for the applicant that the F.I.R. has been lodged against nine accused persons, namely, Satyendra alias Chhangur, Israfil alias Fatil, Akash Gaur, Dharmendra alias Munna (applicant), Sanjeev Jaiswal alias Tinku, Laxmina, Hema, Ashish Jaiswal and Rishi Rajbhaar. In the F.I.R. as well as statement of injured Ashish Thakur, allegation of causing firearm injury has been assigned to co-accused Satyendra alias Chhangur. So far as allegation against the applicant-Dharmendra and co-accused Israfil alias Fatil and Akash Gaur is concerned, it is the case of the prosecution that they dragged the inured to a lane near the house of Akash Gaur, where Satyendra fired a shot at him. As such case of the present applicant is distinguishable from the case of co-accused Satyendra alias Chhangur. It is also pointed out that co-accused Israfil alias Fatil and Akash Gaur have been granted bail vide orders dated 18.06.2025 and 28.07.2025 in Criminal Misc. Bail Application Nos. 19574 of 2025 and 23190 of 2025. The case of present applicant stands on similar footing to that of co-accused Israfil alias Fatil and Akash Gaur, hence the applicant is also entitled for bail on the ground of parity. The applicant has criminal history of two cases, in one case, he has been granted bail and in another case, final/closure report has been submitted, averment in this regard has been made in paragraph no. 3 to the supplementary affidavit dated 31.07. 2025. 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 05.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 4-Per contra, learned Additional Government Advocate opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that main role of causing injury has been assigned to co- accused Satyendra alias Chhangur. Co-accused Israfil alias Fatil and Akash Gaur, under similar acquisition, have been granted bail as noted above, therefore, the applicant has made out a prima-facie case for bail on the ground of parity. Hence, the bail application is hereby allowed. 6-Let the applicant-Dharmendra Yadav Alias Munna Yadav, 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:- (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. 7-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. 8-It is made clear that parity/benefit of this order shall not be extended to co-accused Satyendra alias Chhangur. Order Date :- 8.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad