Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 190659 (ALL)

UVAISH v. STATE OF U.P.

BAIL/34139/2025 · 2025-10-13

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34139 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri I.K. Chaturvedi, learned Senior Counsel assisted by Sri Aditya Prakash, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.64 of 2023, under Sections 302, 120B and 34 I.P.C. and Section 3/25/27 of Arms Act, Police Station Muradnagar, District Ghaziabad, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person Mohd. Owaish has already been enlarged on bail by this Court vide order dated 08.09.2025 passed in Criminal Misc. Bail Application No.40527 of 2023, as such, since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The only point of distinction is that recovery of a CMP has been foisted on the applicant. There is no criminal history of the applicant. He is languishing in jail since 23.02.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. Versus Counsel for Applicant(s) : Saurabh Chaturvedi Counsel for Opposite Party(s) : G.A. Uvaish .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the facts and circumstances of the case and in light of the 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 applicant has made out a case for bail. The bail application is allowed on the ground of parity. 7. Let the applicant- Uvaish, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 14, 2025 (Ravi Kant) BAIL No. 34139 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad