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2025 DAILYLAW 193248 (ALL)

PREM PAL URF NANHE v. STATE OF U.P.

BAIL/23684/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23684 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Pavan Kumar, learned counsel for the applicant, Sri Ashutosh, learned counsel for the informant, Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.17 of 2025, under Sections 103(1), 309(6), 317(3) BNS, Police Station- Saifni, District- Rampur, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Girish Pandey, has already been enlarged on bail by Co- ordinate Bench of this Court vide order dated 01.05.2025 passed in Criminal Misc. Bail Application No.14493 of 2025, 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. There is no previous criminal history of the applicant, but after the arrest of applicant, two cases have been foisted upon the applicant. He is languishing in jail since 10.02.2025. 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. Learned A.G.A. stated that there is recovery of part of the e-rickshaw on the pointing of applicant, but the aforesaid factual aspect of the parity to the co- Versus Counsel for Applicant(s) : Neeraj Srivastava, Pavan Kumar, Utkarsha Shukla Counsel for Opposite Party(s) : Ashutosh, G.A. Prem Pal Urf Nanhe .....Applicant(s) State of U.P. .....Opposite Party(s) accused has not been disputed by him. 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- Prem Pal @ Nanhe, 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. 23684 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad