Neutral Citation No. - 2025:AHC:143381 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26868 of 2025 Applicant :- Banti Opposite Party :- State of U.P. Counsel for Applicant :- Shamsher Singh Counsel for Opposite Party :- G.A.,Mahipal Singh Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Shamsher Singh, learned counsel for the applicant, Sri Suryansh, under the authority of Sri Mahipal Singh, learned counsel for the informant, Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This is the second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by Hon'ble Pradeep Kumar Srivastava, J, vide order dated 03.02.2021 passed in Criminal Misc. Bail Application No. 48998 of 2021, a copy of which has been brought on record as Annexure-1 to the bail application. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Banti, seeking enlargement on bail in Case Crime No. 274 of 2020, under Sections 147, 148, 149, 336, 302, 504, 506 IPC, Police Station- Dhampur, District- Bijnor. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.08.2020. It is submitted that similarly placed co-accused, Golu @ Ritik, and Vipin have already been enlarged on bail of by coordinate Bench of this Court by orders dated 27.09.2024 and 26.05.2025 passed in Criminal Misc. Bail Application Nos. 21359 of 2023 and 5430 of 2025, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Golu @ Ritik and Vipin, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Banti involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 20.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad