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2025 DAILYLAW 194268 (ALL)

SHYAM MOHAN v. STATE OF U.P.

BAIL/35242/2025 · 2025-10-12

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35242 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant, 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.246 of 2025, under Sections 103(1), 191(2), 191(3), 115(2), 352, 351(3), 125 BNS, Police Station- Mehdawal, District- Sant Kabir Nagar, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Shyamdhar, has already been enlarged on bail by this Court vide order dated 08.10.2025 passed in Criminal Misc. Bail Application No.28553 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 criminal history of the applicant. He is languishing in jail since 15.06.2025. 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. 6. Considering the facts and circumstances of the case and in light of the Versus Counsel for Applicant(s) : Deepak Kumar Tripathi Counsel for Opposite Party(s) : G.A. Shyam Mohan .....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 applicant has made out a case for bail. The bail application is allowed on the ground of parity. 7. Let the applicant- Shyam Mohan, 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. 35242 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad