Neutral Citation No. - 2025:AHC:132673 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26905 of 2025 Applicant :- Udayveer Opposite Party :- State of U.P. Counsel for Applicant :- Jay Singh Yadav 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. 2-The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 24A of 2016, under Sections 147, 148, 149, 307 I.P.C., Police Station-Dhanari, District-Sambhal during the pendency of trial. 3-The main substratum of argument of learned counsel for the applicant is that it is an old case of the year 2016. The F.I.R. was lodged on 10.01.2016 for the offence under Sections 147, 148, 149, 307 and 504 I.P.C. against Aneg Pal, Pintu, Bhavnesh, Udayveer (applicant) and Jitendra but after culmination of investigation, charge-sheet was submitted against Jitendra for the offence under Sections 147, 148, 149 and 307 I.P.C. So far as the accused Aneg Pal, Pintu, Bhavnesh and Udayveer are concerned, charge-sheet was submitted against them for the offence under Sections 324 and 504 I.P.C. only. It is next submitted that earlier, the applicant-Udayveer was granted bail vide order dated 18.10.2016. During investigation, after recording the statement of prosecution witness nos. 1, 2 and 3, the State has moved an application under Section 319 Cr.P.C. for summoning the accused Aneg Pal, Pintu, Bhuvesh and Udayveer for the offence under Sections 147, 148,149 and 307 I.P.C., which was allowed vide order dated 12.07.2023 of the trial court. Since the applicant was suffering from tuberculosis, he could not appear before the trial court and after issuance of non-bailable warrant, he was arrested on 06.07.2025. It is also pointed out that co-accused Bhavnesh and Pintu, who have been summoned under Section 319 Cr.P.C. along with the applicant as noted above have been granted bail by the co-ordinate Bench of this Court vide order dated 24.04.2025 in Criminal Misc. Bail Application No. 3779 of 2025. The case of the present applicant stands on similar footing to that of Bhavnesh and Pintu, hence, the applicant who is languishing in jail since 06.07.2025 is also entitled to be enlarged on bail on the ground of parity. 4-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does 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 co- accused Bhavnesh and Pintu, under similar accusation, have been granted bail, as noted above. 6-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. 7-Let the applicant-Udayveer, 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 before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 6.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad