Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37229 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Sandeep Kumar Chaurasiya, learned counsel for the applicant, Sri Rizwan Ahmad, learned counsel for the first informant (upon appearance filed today) and learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.288 of 2025, under Sections- 109(1), 352, 351(2), 115(2) BNS, Police Station-Mandi Dhanora, District-Amroha, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of victim, general allegation has been made against the applicant and co-accused Naresh for causing injuries to the injured by the spade. It is further submitted that co-accused Naresh, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.31187 of 2025 vide order dated 18.09.2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 29.06.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer and submitted that spade used by the accused persons was recovered from pointing out of the applicant. Therefore, he is not entitled to be released on bail. Versus Counsel for Applicant(s) : Sandeep Kumar Chaurasiya Counsel for Opposite Party(s) : G.A. Saurabh Alias Sonu .....Applicant(s) State of U.P. .....Opposite Party(s)
5. Considering the aforesaid submission and taking into account that the co-accused, Naresh, having similar role to that of the applicant has been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.31187 of 2025 vide order dated
18.09.2025. Therefore, applicant is also entitled to be released on the ground of parity. 6.
Let the applicant- Saurabh alias Sonu, 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. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of BAIL No. 37229 of 2025 2
Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
October 29, 2025 S.C.
BAIL No. 37229 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad