HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29549 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 124 of 2025, under Sections 103(1), 3(5), 61(2) B.N.S., Police Station-Jeanpur, District-Azamgarh, during the pendency of trial. 3-It is argued by learned counsel for the applicant that the applicant is not named in the F.I.R. and he has been falsely implicated in this case. During investigation, complicity of Shivam Yadav came into light in the statement of an alleged eye witness namely Yashwant. Thereafter, Shivam Yadav was apprehended by the police and in his confessional statement, name of Amit Kumar came into light, who has taken the name of present applicant. It is next argued that other eye witnesses of the incident have not taken the name of present applicant. It is further submitted co-accused Shivam Yadav, who has been assigned the role of assault with danda and a recovery of stick was also made from his possession, has been granted bail by the co- ordinate Bench of this Court vide order dated 14.07.2025 in Criminal Misc. Bail Application No. 20022 of 2025. Co-accused Ram Ashish and Vikas Yadav have also been granted bail by the co-ordinate Bench of this Court vide orders dated 11.08.2025 and 18.08.2025 in Criminal Misc. Bail Application Nos. 23245 of 2025 and 23027 of 2025 respectively. As per the prosecution case, so far as the present Versus Counsel for Applicant(s) : Mukesh Kumar Kushwaha, Shashi Bhushan Rai Counsel for Opposite Party(s) : G.A., R P Rajan, Satyajeet Singh Yadav Anil Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is concerned, he has been assigned the role of catching hold, hence, the case of present applicant stands on better footing than that of co-accused, who have been granted bail. It is also pointed out that the recovery of applicant's motorcycle has been shown from the possession of Saurabh @ Kariya whereas the stand of the applicant is that the said motorcycle was lifted by the police from his house. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has a criminal history of two cases, which has been explained in paragraph no. 5 of the supplementary affidavit dated 04.08.2025. The applicant is languishing in jail since 14.05.2025 and is entitled to be released on bail on the ground of parity. 4-Per contra, learned A.G.A. for the State as well as learned counsel for the complainant 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 substance in the submission of learned counsel for the applicant that case of the applicant stands on better footing than that of co-accused, who 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 accusation, severity of punishment, evidence, complicity of the accused and bail orders of co-accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. 7-Let the applicant-Anil Yadav, 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. BAIL No. 29549 of 2025 2 (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. September 25, 2025 Saurabh BAIL No. 29549 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad