Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 200861 (ALL)

MITHLESH v. STATE OF U.P.

BAIL/30865/2025 · 2025-10-14

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30865 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ram Chandra Solanki, learned counsel for the applicant, Sri Pankaj Kumar Mishra, 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. Applicant seeks bail in Case Crime No.296 of 2022, under Sections 302, 201, 120B, 506 I.P.C., Police Station Jaswantnagar, District Etawah, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person Ram Kumar has already been enlarged on bail by the Co- ordinate Bench of this Court vide order dated 1.8.2024 passed in Criminal Misc. Bail Application No.25603 of 2024. There is no criminal history of the applicant. The applicant is languishing in jail since 11.08.2025. He further submitted that since the role of the applicant is identical to that of co- accused who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity. In case, the applicant is released on bail, she 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, submissions made by Versus Counsel for Applicant(s) : Ram Chandra Solanki Counsel for Opposite Party(s) : G.A., Pankaj Kumar Mishra Mithlesh .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties, the evidence on record, pending trial 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 Investigationa and Another, 2022 SCC OnLine SC 825, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity. 7. Let the applicant- Mithlesh, who is involved in aforementioned case crime be released on bail on her 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 pressurize/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 15, 2025 (Ravi Kant) BAIL No. 30865 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad