HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31125 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard Mr. Shahroze Khan, learned counsel for the applicants, learned Additional Government Advocate representing the State and Mr. Prakash Man Tiwari, learned counsel appearing on behalf of the complainant. 2-By means of this bail application, applicants-Alok Pathak and Vinay Pathak, who are involved in Case Crime No. 35 of 2025, under Sections 191(2), 191(3), 115(2), 324(2), 110, 105, 352 B.N.S., Police Station Pathara Bazar, District Siddharth Nagar seeks enlargement on bail during the pendency of trial. 3-As per prosecution case in brief, complainant Sumit Kumar Pathak got a first information report lodged on 16.05.2025 for the offence under Sections against 191(2), 191(3), 115(2), 324(2) and 110 of B.N.S. against Ashok Kumar Pathak, Alok Kumar Pathak (applicant no. 1), Vinay Pathak (applicant no. 2), Ankit Upadhyaya, Aman Upadhyay and five unknown persons alleging inter-alia that when he was getting the work of shuttering done in his house, all the aforesaid accused persons from the adjacent rooftop started throwing bricks. F.I.R. further alleges that they all were armed with sharp edged weapons like sword, axe and iron rod with which they have assaulted him and his companions, due to which they have received injuries. 4-The main substratum of argument of learned counsel for the applicants is that co-accused Ankit Upadhyaya has been granted bail by the co-ordinate Bench of this Court vide order dated 03.09.2025 in Criminal Misc. Bail Application No. 28703 of 2025 and the case of present applicants stands on similar footing to that of co-accused Ankit Upadhyaya, therefore, the applicants are also entitled to be released on bail on the ground of parity, who are languishing in jail since 17.05.2025. Versus Counsel for Applicant(s) : Mohammad Zafar Yab Khan, Shahroze Khan Counsel for Opposite Party(s) : G.A., Prakash Man Tiwari Alok Pathak And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 5-Per contra, learned A.G.A. for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicants but could not dispute the factum of the case as argued on behalf of the applicants. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that co-accused Ankit Upadhyaya, under similar accusation, has been granted bail, as noted above therefore the applicants have made out a prima-facie case for bail on the ground of parity. 7-Accordingly, the instant bail application is allowed. 8-Let the applicants-Alok Pathak and Vinay Pathak, 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 applicants shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicants 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 their release, the applicants shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 9-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 18, 2025 Saurabh BAIL No. 31125 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad