Neutral Citation No. - 2025:AHC:40331 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1726 of 2025 Applicant :- Alaham And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Kumar,Amit Kumar Singh,Chandrachud Pandey,Vineeta Pandey Counsel for Opposite Party :- Dharmendra Kumar,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicants, Sri Dharmendra Kumar, learned counsel for the first informant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Aladham, Abdul Hasan, Arshad and Ibrahim, seeking enlargement on bail in Case Crime No. 458 of 2024, under Sections 191 (2), 115 (2), 352, 351 (2), 125, 109, 110 BNS, Police Station- Ramkola, District- Kushinagar. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and applicant Nos. 1 and 2 are languishing in jail since 25.10.2024 and applicant Nos. 3 and 4 are languishing in jail since 23.10.2024. It is submitted that similarly placed co- accused,Sarfuddin, has already been enlarged on bail of by the Bench of this Court by order dated 05.03.2025 passed in Criminal Misc. Bail Application No. 46452 of 2024, copy of the bail order produced by learned counsel for the applicants is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Sarfuddin, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. They have no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned counsel for the first informant as well as AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicants, Alaham, Abul Hasan, Arshad and Ibrahim involved in above mentioned case crime number be released on bail, on their 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: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 8. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are 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 their bail. Order Date :- 19.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad