KHURSHID ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7488/2025 · 2025-08-12
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157376 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157376 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47093 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7488 of 2025 Applicant :- Khurshid Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.,Lalji Yadav Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Lalji Yadav, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record.
Learned counsel for the applicant submits that the co-accused, Altaf and Mohd. Airaf, assigned a similar role, have been granted bail by a coordinate Bench of this Court vide orders dated 25.06.2025 and 17.07.2025 in Criminal Misc. Bail Application Nos. 12 of 2025 and 5456 of 2025. The applicant seeks bail on the ground of parity with the said co-accused. It is further submitted that only general allegations have been levelled against all the accused, without assigning any specific role to any of them. The applicant has explained a criminal history of one case in paragraph 25 of the bail application. It is further submitted that the applicant is languishing in jail since 18.05.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA and learned counsel for the complainant opposed the bail application, however, could not dispute the fact that it is a case of parity.
On due consideration to the fact that co-accused Altaf and Mohd. Airaf who were assigned similar role has been enlarged on bail, coupled with the fact that only general allegations have been made and the applicant is in custody since 18.05.2025, this Court finds it a fit case to grant bail to the applicant on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Khurshid Alam involved in Case Crime No. 136 of 2024, under Sections 147, 149, 323, 504, 506, 302 IPC, Police Station Raniganj, District Pratapgarh, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such
proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial.
Order Date :- 12.8.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench