HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35465 of 2024 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. There is an illness slip of Sri Satya Narayan Yadav, learned counsel for the applicant, but the cause list indicates that there are two more advocates on behalf of the informant, namely, Sri Suresh Dhar Dwivedi and Sri Aakash Sharma, and none of them are present today. 3. Heard Sri Vijay Tripathi, learned counsel for the applicants, Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicants seek bail in Case Crime No.331 of 2024, under Sections 103(1), 352, 3(5) B.N.S., Police Station Sirsaganj, District Firozabad, during the pendency of trial. 5. It is submitted by learned counsel for the applicants that similarly placed co-accused person Akash Kumar has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 28.5.2025 passed in Criminal Misc. Bail Application No.18306 of 2025. There is no criminal history of the applicants. The applicants are languishing in jail since 06.08.2024. He further submitted that since the roles of the applicants are identical to that of co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. In case, the applicants are released on bail, they will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Vijay Tripathi Counsel for Opposite Party(s) : Aakash Sharma, G.A., Satya Narayan Yadav, Suresh Dhar Dwivedi Ajay Kumar @ Manoj And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 6. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. 7. Considering the facts and circumstances of the case and in 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 judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the ground of parity. 8. Let the applicants- Ajay Kumar @ Manoj and Shivam Kumar, 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 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 their independent opinion based on the testimony of the witnesses. October 10, 2025 (Ravi Kant) BAIL No. 35465 of 2024 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad