Neutral Citation No. - 2025:AHC:139397 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25609 of 2025 Applicant :- Rajiv Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Srijan Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Srijan Pandey, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 78 of 2024, under Sections 8/20/29/37/60 N.D.P.S. Act, Police Station Shamli, District Shamli during pendency of the trial. 3. Learned counsel for the applicant submits, however, this is the third bail application filed on behalf of applicant and earlier two bail applications of the applicant have been dismissed by this Court vide orders dated 30.04.2024 and 16.10.2024 after considering the fact that from the possession of applicant and co- accused Shad Mohammad huge commercial quantity of more than 180 Kgs. Ganja were recovered but he is pressing the instant bail application on the ground that after rejection of first two bail applications of the applicant, co-accused Shah Mohammad has been released on bail by the co-ordinate Bench of this Court vide order dated 01.04.2025 and his bail order has been annexed at page-118 of the paper-book and case of applicant is at par with him, therefore, on the ground of parity applicant should be released on bail. 4. He further submits, apart from the present case applicant is not having any previous criminal history and in the present matter he is in jail since 19.02.2024 i.e. for last one and half years. 5. Per contra, learned AGA opposed the prayer for bail and submitted that this is third bail application filed on behalf of applicant and from the possession of applicant and co-accused Shah Mohammad huge commercial quantity of Ganja was recovered but could not dispute the fact that after rejection of two bail applications of the applicant, co-accused Shah Mohammad has been released on bail and on facts, case of applicant is at par with him. Learned AGA further could not dispute the fact that applicant is not having any previous criminal history and in the present matter he is in jail since 19.02.2024 i.e. for last one and half years. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is the third bail application filed on behalf of applicant and earlier two bail applications of the applicant have been dismissed by this Court after considering the fact that from the possession of applicant and co-accused huge commercial quantity of more than 180 Kgs. Ganja was recovered but it reflects, after rejection of first two bail applications of the applicant, on 01.04.2025 the co-ordinate Bench of this Court was pleased to enlarge the co-accused Shah Mohammad on bail and on facts case of applicant is at par with him. 8. The Apex Court in the case of Satender Kumar Antil Vs. CBI & another (2022) 10 SCC 51 in paragraph no. 98 has observed that:- "Uniformity and certainty in the decisions of the court are the foundations of judicial dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. Such an action though by an exercise of discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India." 9. Therefore, in view of the observation made by the Apex Court in the case of S.K. Antil (supra) all the accused should be treated equally and while considering the bail application of an accused Court should consider this fact and, therefore, even on the ground of parity the bail can be granted. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 19.02.2024 i.e. for last one and half years. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Rajiv Sharma be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad