HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30640 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Jitendra Singh, holding brief of Sri Saurabh Kumar Pandey, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicants seek bail in Case Crime No. 10 of 2025, under Sections 3(5), 115(2), 351(2), 352, 109, 103(1), 117(2) of B.N.S., Police Station Phoolpur, District Azamgarh, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person, Hariman, has already been enlarged on bail by the another Bench of this Court vide order dated 13.05.2025 passed in Criminal Misc. Bail Application No. 13984 of 2025. It is further submitted that since the case of the applicants is at par to 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 applicants are languishing in jail since 10.01.2025, having no criminal history. In case, the applicants are released on bail, they shall 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. Versus Counsel for Applicant(s) : Anil Kumar Srivastava, Saurabh Kumar Pandey Counsel for Opposite Party(s) : G.A. Vishal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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- Vishal and Harishchand, 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 the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall appear before the trial court on the date fixed. 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2025 Sumit S BAIL No. 30640 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad