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2025 DAILYLAW 49176 (ALL)

IRFAN AND ANOTHER v. STATE OF U.P.

BAIL/13858/2025 · 2025-08-03

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130687 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13858 of 2025 Applicant :- Irfan And Another Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri M.P.S. Chauhan, learned counsel for the applicants, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No. 066 of 2025, under Sections 420, 467, 468, 471 I.P.C. and Section 66(D) of Information Technology Act, Police Station- Mahua Kheda, District- Aligarh, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person Insaf @ Israr has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 19.05.2025 passed in Criminal Misc. Bail Application No. 9641 of 2025. The applicants are languishing in jail since 21.02.2025. Criminal history of two cases assigned to applicant No.1 stands explained by way of supplementary affidavit dated 11.07.2025. He further submitted that since the roles of the applicants are identical to that of co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. 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, submissions made by 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 judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the ground of parity. 7. Let the applicants- Irfan and Imran, 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 shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants 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 applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. Order Date :- 4.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad