It is argued by the learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in one criminal case, namely, Case Crime No. 01 of 2020 u/s 420, 467, 468, 471, 120-B I.P.C., Sections 66 and 66(C) of Information Technology Act, Section 4/21 of Mines and Minerals (Reg. & Dev.) Act, 1957, Section 3/57/70 of U.P. Mines Minerals (Concession) Rules and Section 3/5 of Prevention of Damages to Public Property Act, 1984, P.S.- Cyber Crime, District- Lucknow, in which he has already been enlarged on bail by a coordinate Bench of this Court vide order dated 02.08.2021 passed in Bail No. 4576 of 2021. Copy of the order has been brought on record as Annexure No. 3 to the afÏdavit filed in support of the bail application. The applicant has falsely been implicated in the present case. The applicant is not a member of any gang. The applicant is languishing in jail since 10.11.2022. It is further submitted that identically circumstanced co-accused persons, namely, Manoj Kesari, Vishal Kesari and Ankit Kesari, have been enlarged on bail by coordinate Benches of this Court vide orders dated 03.11.2022 and 29.11.2022 passed in Criminal Misc. Bail Application Nos. 48918 of 2022 and 47756 of 2022 respectively. Copy of the orders have been brought on record as Annexure No. 4 to the afÏdavit filed in support of the bail application. The applicant was falsely implicated due to village partibandi in Case Crime No. 536 of 2020 under Section 147, 148, 149, 323, 504, 506, 307, 395 I.P.C., P.S.- Meja, District- Prayagraj in which final report has been filed. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. In case he is enlarged on bail, he will not misuse the liberty of bail.
