Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7750 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Ved Prakash Pandey, learned counsel for the applicant, Sri Yogesh Mishra, learned State Law Officer for the State and perused the material placed on record. None is present on behalf of the informant. 3. Applicant seeks bail in Case Crime No. 245 of 2024, under Sections 103(1), 61(2) BNS, Police Station- Nandganj, District- Ghazipur, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that co-accused person, Rani Kinnar, has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 05.05.2025 passed in Criminal Misc. Bail Application No. 5138 of 2025, and role of the applicant is on better footing to that of co-accused, who has already been enlarged on bail, as such applicant is also entitled to be enlarged on bail on the ground of parity. There is no previous criminal history of the applicant except one case foisted at the time of arrest of the applicant. He is languishing in jail since
30.01.2025. 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) : Mayank Shekhar Singh, Ved Prakash Pandey Counsel for Opposite Party(s) : Ajay Srivastava, G.A. Rahul Chauhan Alias Kishan .....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- Rahul Chauhan @ Kishan, 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 13, 2025 Saif BAIL No. 7750 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad