HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32788 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Syed Faiz Hasnain, learned counsel for the applicant and Sri Pankaj Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 285 of 2025, under Section 109(1) of BNS and Sections 3/25 of Arms Act, Police Station - Mundapandey, District - Moradabad, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Chhote @ Bashir has already been enlarged on bail by this Court vide order dated 16.09.2025 passed in Criminal Misc. Bail Application No. 31544 of 2025. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. Learned counsel has also stated that criminal history of two cases assigned to the applicant has been explained in the affidavit. The applicant is languishing in jail since 06.07.2025, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. 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 applicant, have not been disputed by him. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) Versus Counsel for Applicant(s) : Syed Faiz Hasnain Counsel for Opposite Party(s) : G.A. Ashraf Ali .....Applicant(s) State of U.P. .....Opposite Party(s) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and also considering the bail order of co-accused, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail. The bail application is allowed on the ground of parity. 9. Let the applicant- Ashraf Ali, who is involved in aforementioned case crime be released on bail on his 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 applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 23, 2025 Siddhant BAIL No. 32788 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad