Bail may be granted when the applicant is not assigned a specific role in the FIR and is entitled to parity with a similarly situated co-accused who has already been granted bail, especially in the absence of grievous injuries.

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 with a prayer to release the applicant on bail in Case Crime No.262 of 2025, under Sections 140(1), 115(2), 352, 351(3), 3(5) of BNS, Police Station- Padari, District- Mirzapur.

3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. No specific role has been assigned to the applicant in the First Information Report or in the statement of the injured. The injured has not received any grievous injury. The Learned counsel for the applicant further contends that the similarly situated co-accused viz. Azahar has been granted regular bail by this Court vide its order dated 19.02.2026 passed in Criminal Misc. Bail Application No. - 6112 of 2026 ( Azahar Vs. State of U.P. ). The case of the applicant is at par with that of the co-accused. He further contends that the the applicant has no criminal antecedents and he is in jail since 06.02.2026.

4. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail, however, could not disputed the fact that the similarly situated co-accused has already been enlarged on bail.

5. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record.

6. The applicant although named in the First Information Report has not been assigned any specific role. Similarly situated co-accused viz. Azahar has been granted regular bail by this Court vide its order dated 19.02.2026 passed in Criminal Misc. Bail Application No. - 6112 of 2026 ( Azahar Vs. State of U.P. ). The injured is not stated to have received any grievous injury.

7. Taking into account all the facts and circumstances of the case, prima facie, a case for bail is made out.

8. The bail application is allowed

9. Let the accused-applicant- Shivansh Pandey @ Shivank Pandey involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned.

10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.