Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 52629 (ALL)

WASEEM v. STATE OF U.P.

BAIL/15182/2025 · 2025-09-14

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15182 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Counter affidavit filed today by learned counsel for the informant is taken on record. 2. Heard Sri Amar Jeet Upadhyay, learned counsel for the applicant and Sri Saleem Ahmad, Advocate holding brief of Sri Manoj Kumar, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 26 of 2025, under Sections 191(2), 191(3), 115(2), 352, 351(3), 109(1) of BNS, Police Station - Kithor, District - Meerut, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Danish Alias Daud and Akeel, have already been enlarged on bail by coordinate Bench of this Court vide order dated 20.08.2025 passed in Criminal Misc. Bail Application No. 17706 of 2025. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 29.01.2025. Criminal history of four cases has been explained. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 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 parity to the co-accused have not been disputed by them. 6. 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 may itself cannot be a basis for refusal of bail. 7. Considering the facts and circumstances of the case, submissions made by learned Versus Counsel for Applicant(s) : Amar Jeet Upadhyay Counsel for Opposite Party(s) : G.A., Manoj Kumar Waseem .....Applicant(s) State of U.P. .....Opposite Party(s) counsel for the parties, evidence on record, pending trial and in the 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 judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 8. Let the applicant- Waseem, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. September 15, 2025 Siddhant BAIL No. 15182 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad