Neutral Citation No. - 2025:AHC:134662 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27440 of 2025 Applicant :- Manoj Gond Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Nath,Praveen Kumar Dhuriya,Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kalp Nath, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 43 of 2024, under Sections 105 & 238 of BNS, Police Station - Hathinala, District - Sonbhadra, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He is not named in the FIR. His name has come up in the statement of co-accused Manoj Kumar Maurya which has no evidentiary value in the eyes of law. 5. Learned counsel has further stated that the co-accused person, Manoj Kumar Maurya, has already been enlarged on bail by another Bench of this Court vide order dated 23.05.2025 passed in Criminal Misc. Bail Application No. 17478 of 2025. It is further submitted that since the case of the applicant is at a better footing to the case of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 09.01.2025, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. The prayer for bail has been vehemently opposed by learned A.G.A.. However, the aforesaid factual aspects of parity to the co- accused and of no criminal history of the applicant, have not been disputed by him. 7. 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. 8. Let the applicant- Manoj Gond, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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:- 8.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad