1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.104 of 2024, under Sections 309(6), 317(2) B.N.S., P.S. Mohabatpur Painsa, District Kaushambi, during pendency of the trial.

3. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. His name surfaced in the statement of co-accused. The recovery is false and planted. He next argued that identically placed co-accused, namely, Monu Pasi has been granted bail by the Co-ordinate Bench of this Court vide orders dated 10.03.2025 passed in Crl. Misc. Bail Application No. 6191 of 2025. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has no criminal history. He is languishing in jail since 28.11.2024. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

4. On the other hand, learned AGA opposed the prayer for bail but could not dispute the aforesaid facts.

5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and the fact that the case of the applicant is similar to that of co-accused, who have been granted bail and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

6. Let the applicant, Deepu Yadav 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.