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2025 DAILYLAW 102628 (ALL)

VIVEKANAND SINGH v. STATE OF U.P.

BAIL/33506/2025 · 2025-09-25

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33506 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant as well as Shri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No.241 of 2025, under Sections 191(2), 191(3), 190, 115(2), 118(1), 351(3), 109(1) B.N.S., Police Station Sikriganj, District Gorakhpur, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that other co-accused persons, Ashutosh Singh and Bhaskar Singh have already been enlarged on bail by the Co-ordinate Benches of this Court vide orders dated 10.9.2025 and 7.8.2025 passed in Criminal Misc. Bail Application Nos. 28394 of 2025 and 26352 of 2025. There are general and omnibus allegations against all the accused persons. 5. Learned counsel for the applicant has further stated that it is true that four persons sustained injuries in the instant case, but the main injured person Ram Sajile Singh, who sustained serious injuries on his head, had also assigned general role to all the accused persons. The only difference with the applicant is that applicant and co-accused person Sachchidanand Singh are stated to have called the other accused persons at the place of occurrence. 6. It is further argued by learned counsel for the applicant that the applicant Versus Counsel for Applicant(s) : Swati Agrawal Srivastava Counsel for Opposite Party(s) : G.A. Vivekanand Singh .....Applicant(s) State of U.P. .....Opposite Party(s) is languishing in jail since 9.6.2025, 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. 7. The prayer for bail has been vehemently opposed by 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 him. 8. Considering the facts and circumstances of the case, submissions made by 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. 9. Let the applicant- Vivekanand Singh 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. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. 11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 12. 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 26, 2025 Vikas Verma BAIL No. 33506 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad