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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25373 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Balbir Yadav, learned counsel for the applicants, Sri Syed Ahmed Faizan, learned counsel for the informant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.112 of 2025, under Sections 191(2), 191(3), 190, 61(2), 103(2) B.N.S., Police Station Civil Lines, District Aligarh, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person Waseem has already been enlarged on bail by Co- ordinate Bench of this Court vide order dated 1.8.2025 passed in Criminal Misc. Bail Application No.24022 of 2025. There is no criminal history of the applicants. The applicants are languishing in jail since 06.03.2025. He further submitted that since the roles of the applicants are identical to that of co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. In case, the applicants are released on bail, they will not misuse the liberty of bail. 5. The prayer for bail has been vehemently opposed by learned counsel for the informant and learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by them. 6. Considering the facts and circumstances of the case and in light of the Versus Counsel for Applicant(s) : Balbir Yadav, Pooja Yadav Counsel for Opposite Party(s) : Syed Ahmed Faizan, G.A. Samar Alam And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the ground of parity. 7.
Let the applicants- Samar Alam and Athar Alam, who are involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. October 27, 2025 (Ravi Kant) BAIL No. 25373 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad