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2025 DAILYLAW 33262 (ALL)

SURENDRA AND 4 OTHERS v. STATE OF U.P.

BAIL/9957/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9957 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Chandrajeet, learned counsel for the applicants and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicants seek bail in Case Crime No. 208 of 2025, under Sections 136, 137 of Electricity Act, Police Station - Anti Power Theft, District - Hapur, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co- accused person, Sarjeet, has already been enlarged on bail by coordinate Bench of this Court vide order dated 17.5.2025 passed in Criminal Misc. Bail Application No. 10447 of 2025. It is further submitted that since the case of the applicants is at par to the co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. 5. Learned counsel has also stated that criminal history assigned to the applicants has been explained in the affidavit. The applicants are languishing in jail since 13.02.2025. In case, the applicants are released on bail, they will not misuse the liberty of bail and shall cooperate with trial. 6. The prayer for bail has been vehemently opposed by learned A.G.A.. However, the aforesaid factual aspect of parity to the co-accused has not been disputed by him. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and also considering the bail order of co-accused, without expressing any opinion on the merits of the case, the Versus Counsel for Applicant(s) : Chandrajeet, Dinesh Singh Yadav, Sudhanshu Kumar Singh Counsel for Opposite Party(s) : G.A. Surendra And 4 Others .....Applicant(s) State of U.P. .....Opposite Party(s) Court is of the view that the applicants are entitled to be released on bail. The bail application is allowed on the ground of parity. 9. Let the applicants- Surendra, Subhash, Rohit, Sumit and Ravindra, who are involved in aforementioned case crime be released on bail on their 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 applicants will not tamper with the evidence during trial. ii) The applicants will not pressurise/intimidate with the prosecution witnesses. iii) The applicants will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 19, 2025 Siddhant BAIL No. 9957 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad