Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34487 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Vijay Kumar Mishra, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.287 of 2017, under Sections 323, 307, 504, 506 IPC , Police Station- Mawana, District Meerut.
3. Contention of learned counsel for the applicant is that though the applicant was named in the FIR but he was not charge sheeted. He further submitted that the applicant was summoned under Section 319 Cr.P.C. It has been further submitted that injured Pradeep has made specific allegation against the co-accused Chandra Bhan but no allegation has been made against the applicant and he has been falsely implicated. He further submitted that co-accused Chandra Bhan and Anil Kumar have already been granted bail by a co-ordinate Bench of this Court as well as by this Court in Criminal Misc. Bail Application No.25148 of 2017 vide
order dated 14.07.2017 and 21635 of 2025 vide order dated 01.07.2025 respectively. Therefore, he is entitled to be released on bail on the ground of parity. He further submitted that the applicant has no criminal history and he is languishing in jail since 11.09.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Vijay Kumar Mishra Counsel for Opposite Party(s) : G.A. Nitin Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the fact that the co-accused have been enlarged on bail.
5. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Nitin Kumar involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 7, 2025 A.Kr.
BAIL No. 34487 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad