Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33343 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Shri Saurabh Kumar Pandey, learned counsel for the applicant, Sri Sanjay Kumar Yadav, learned counsel for the informant as well as Shri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No.339 of 2025, under Sections 351(3) B.N.S. and 3/4(2) POCSO Act, Police Station- Mubarakpur, District- Azamgarh, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Danish @ Saleem has already been enlarged on bail by this Court vide order dated 22.9.2025 passed in Criminal Misc. Bail Application No. 32486 of 2025. The applicant is languishing in jail since 25.7.2025, having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. 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 of no criminal history of the applicant, have not been disputed by them. 6. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Saurabh Kumar Pandey Counsel for Opposite Party(s) : G.A., Sanjay Kumar Yadav Arshad Azami .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
learned counsel for the parties, the evidence on record, pending trial 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. 7. Let the applicant- Arshad Azami 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. 8.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. 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. September 25, 2025 Vikas Verma BAIL No. 33343 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad