Neutral Citation No. - 2025:AHC:112051 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31511 of 2024 Applicant :- Ram Niwas And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Krishna S Chandel,Vinod Kumar Chandel Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mayank Krishna S Chandel, learned counsel for the applicants and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicants seek bail in Case Crime No. 29 of 2024, under Sections 304-B, 498-A, 201, 316 of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station - Aurangabad, District - Bulandshahar, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person, Smt. Annapurna @ Durgesh Kumar, has already been enlarged on bail by another Bench of this Court vide order dated 15.7.2024 passed in Criminal Misc. Bail Application No. 24791 of 2024. Learned counsel has further submitted that since the case of the applicants is at par with the co- accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. The applicant no.1 is the father-in-law and the applicant no.2 is the brother-in-law (dewar) of the deceased person and they are languishing in jail since 16.03.2024, having no criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail and shall cooperate with trial. 5. 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 applicants, have not been disputed by him. 6. 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 applicants are entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 7. Let the applicants- Ram Niwas and Deepak, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence. (ii) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 14.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad