Neutral Citation No. - 2025:AHC:146243 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26455 of 2025 Applicant :- Harsh Kumar Verma Alias Baruwa Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Dubey,Saroj Kumar Dubey Counsel for Opposite Party :- Alok Kumar Sharma,G.A.,Neeraj Kumar,Saurabh Shukla Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Saroj Kumar Dubey, learned counsel for the applicant and Sri Saurabh Shukla, learned counsel for the informant as well as Sri Sushil Kumar Shukla, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 48 of 2025, under Sections 105, 336(2), 336(3), 340(2), 87, 61(2) of BNS, Police Station Fazalganj, District Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 5. Learned counsel has next stated that the applicant is the manager of the hotel. The offence committed, if any, is by the two friends of the deceased person namely Utkarsh and Deepak, who had taken the deceased to a hotel, as such the applicant is entitled for bail. 6. Learned counsel has further stated that co-accused, who is the owner of the hotel, has been enlarged on bail by co-ordinate Bench of this Court vide order dated 26.06.2025 in Criminal Misc. Bail Application No. 20181 of 2025. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 21.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application but could not dispute the aforesaid fact of parity. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity 10. Let the applicant- Harsh Kumar Verma Alias Baruwa, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 23.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad