MOHD. PARVEZ v. STATE OF U.P. THRU. SECY. HOME GOVT. LKO.
BAIL/8106/2025 · 2025-09-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160376 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160376 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8106 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Saurabh Upadhyaya, Advocate, holding brief of Smt. Seems Upadhyaya, Learned Counsel for the applicant, and Shri Prashant Tripathi, Learned Addl. Government Advocate, for the state. 2. The applicant has filed this application seeking bail in F.I.R./Case Crime No. 0105 of 2025 under Sections 2/3, Gangster Act of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. Kotwali City, District Pratapgarh. 3. A perusal of the gang-chart mentions involvement of the applicant in a total of 8 cases, and only two cases have been made the basis of involvement of the applicant in the case under Gangsters Act. 4. Learned counsel for the applicant has submitted that the co-accused Mohd. Sahil has been released on bail by a Coordinate Bench of this court vide order dated 04.07.2025 passed in Criminal Misc. Bail Application No. 6149 of 2025. He has further submitted that the applicant in on bail in all the cases registered against him. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang. Versus Counsel for Applicant(s) : Seema Upadhyay Counsel for Opposite Party(s) : G.A. Mohd. Parvez .....Applicant(s) State Of U.P. Thru. Secy. Home Govt. Lko. .....Opposite Party(s)
6. The learned A.G.A. has opposed the prayer for bail, but he could not dispute the aforesaid aspects of the matter. 7. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 8. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case merely because he has a criminal history; that there appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged, and the co-accused has been granted bail, I am of the view that the applicant is also entitled to be granted bail on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Mohd. Parvez be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 1, 2025 A.Nigam BAIL No. 8106 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench