Allahabad High Court
Aman vs State Of U.P. on 28 August, 2025
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:151825
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28411 of 2025
Aman
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Avijit Saxena
Counsel for Opposite Party(s)
:
Dr. Kamlesh Kumar, G.A.
Court No. - 65
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Supplementary affidavit filed by Shri Avijit Saxena, learned counsel for the appellant today in the Court, is taken on record.
3. Heard Shri Avijit Saxena, learned counsel for the applicant, Dr. Kamlesh Kumar, learned counsel for the informant as well as Shri V.K.S. Parmar, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No. 65/2025, under Sections 109, 115(2), 351(2), 352, 103, 191(2), 191(3), 190, 324(5), 326(? ), 3(5), 333 BNS, P.S- Bachhraun, District- Amroha, during the pendency of trial.
5. It is submitted by learned counsel for the applicant that similarly placed co-accused persons, Jitin Sirohi and Sudhanshu have already been enlarged on bail by this Court vide orders dated 07.08.2025 and 14.08.2025 passed in Criminal Misc. Bail Application Nos. 22885/2025 and 28057/2025, copies of which have been annexed as Annexure-10 to the affidavit respectively. The applicant is languishing in jail since 16.03.2025. Criminal history of applicant has been explained in the supplementary affidavit. He further submitted that since the role of the applicant is identical to that of co-accused, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
6. The prayer for bail has been vehemently opposed by learned counsel for the informant and learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and criminal history has been explained by the the applicant, have not been disputed by him.
7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and also taking into consideration the judgment of the Supreme Court passed in the case of Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and the judgment of this Court passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825, 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 on the ground of parity. The bail application is allowed on the ground of parity.
8. Let the applicant- Aman involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.(i) The applicant shall not tamper with evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed.9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
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 on the testimony of the witnesses.
(Krishan Pahal,J.)
August 28, 2025
Sharad/-
