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2025 DAILYLAW 2771 (ALL)

SAGAR v. STATE OF U.P. AND 3 OTHERS

BAIL/27916/2025 · 2026-05-11

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27916 of 2025 Court No. - 65 (Sr. No.64 out of 243) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today is taken on record. 2. Heard Sri Rahul Singh Dahiya, learned counsel for the applicant, Sri Yogesh Kumar Mishra, learned counsel for the informant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.169 of 2025, under Sections 70(2), 351(2) BNS and Section 5g/6 POCSO Act, Police Station Shikarpur, District Bulandshahr, during the pendency of trial. 4. Learned counsel submits that similarly placed co-accused, Pankaj, has been granted bail by this Court vide order dated 21.04.2026 in Criminal Misc. Bail Application No.42921 of 2025, hence, the applicant, having an identical role, is entitled to bail on parity. The criminal history assigned to the applicant stands explained. He is in jail since 23.05.2025 and will not misuse the liberty of bail. 5. The prayer for bail has been vehemently opposed by learned counsel for the informant and learned State Law Officer. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by them. 6. This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal Versus Counsel for Applicant(s) : Rahul Singh Dahiya Counsel for Opposite Party(s) : G.A., Yogesh Kumar Mishra Sagar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) antecedents. In the instant case, the criminal history attributed to the applicant has been properly explained. 7. After hearing learned counsel for the parties and taking into consideration that the similarly placed co-accused has been enlarged on bail, 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. 8. Let the applicant- Sagar, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 12, 2026 (Ravi Kant) BAIL No. 27916 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad