Neutral Citation No. - 2025:AHC:84809 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28864 of 2024 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dewendra Singh,Sandeep Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dewendra Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Session Case No. 116 of 2024 arising out of Case Crime No. 349 of 2023, under Sections 8/20/29 of NDPS Act, Police Station - AIIMS, District - Gorakhpur, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Sunil Singh, has already been enlarged on bail by another Bench of this Court vide order dated 12.04.2024 passed in Criminal Misc. Bail Application No. 14128 of 2024. 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. 5. Learned counsel has further stated that the applicant has no criminal history except a case of Gangsters Act which has been foisted on him subsequent to the instant FIR and he has yet to apply for bail in the said case. The applicant is languishing in jail since 19.12.2023. 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 State Law Officer. However, the aforesaid factual aspect of parity to the co-accused has not been disputed by him. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail. 8. 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. 9. Let the applicant- Sanjay Kumar, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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:- 20.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad