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2025 DAILYLAW 171526 (ALL)

SARVESH AND ANOTHER v. STATE OF U.P.

BAIL/31090/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31090 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard Sri Jalaj Singh, learned counsel for the applicants, Sri D.P.S. Chauhan, learned AGA for the State and perused the material available on record. 3. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita has been filed by the applicants seeking enlargement on bail in Case Crime No. 159 of 2025, under Sections 115(2), 117(2), 351(3), 352, 109 BNS, P.S. Cantt. District Bareilly. 4. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that allegations against the applicants are general and omnibus in nature. No specific allegation has been levelled against them. As per injury report of the injured Nar Singh, none of the injuries are on his vital part. It is further contended that identical situated co-accused Paramjeet and Sarvu @ Sarvaraj have already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.19797 of 2025 vide order dated 20.06.2025. Therefore, the applicant is entitled to be released on bail on the ground of parity. The applicants have no criminal history and they are languishing in jail since 25.07.2025. In case, they are is granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 6. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that co-accused Paramjeet and Sarvu @ Sarvaraj, having similar role to that of the applicants, have been granted bail by a co-ordinate Bench of this Court 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 Versus Counsel for Applicant(s) : Jalaj Singh Counsel for Opposite Party(s) : G.A. Sarvesh And Another .....Applicant(s) State of U.P. .....Opposite Party(s) bail. 7. 7. Let the applicants- Sarvesh and Ramjeet involved in the aforementioned crime be released on bail, on their 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 applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. It is made clear that the applicant shall be released on the basis of downloaded copy of this order 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. 11. It is 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. 12. 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 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 28, 2025 A.Kr. BAIL No. 31090 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad