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2025 DAILYLAW 55664 (ALL)

MANOJ AND ANOTHER v. STATE OF U.P.

BAIL/15722/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15722 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sarvjeet Singh Chauhan, learned counsel for the applicants and Sri Yogendra Singh, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicants seek bail in Case Crime No. 242 of 2025, under Section 110 of BNS, Police Station - Kotwali Nagar, District - Banda, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person, Bardani, has already been enlarged on bail by coordinate Bench of this Court vide order dated 10.7.2025 passed in Criminal Misc. Bail Application No. 23783 of 2025. Learned counsel has further submitted that since the case of the applicants is at par with the co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. The applicants are languishing in jail since 28.03.2025 & 01.04.2025, having no criminal history. In case, the applicants are released on bail, they will not misuse the liberty of bail and shall cooperate with trial. 5. The prayer for bail has been vehemently opposed by learned State Law Officer as well as learned counsel for the first informant. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicants, have not been disputed by them. Versus Counsel for Applicant(s) : K.K.Rao, Ram Milan Dwivedi, Ram Murti Tripathi, Sarvjeet Singh Chauhan Counsel for Opposite Party(s) : G.A., Yogendra Singh Manoj And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 6. 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 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. 7. Let the applicants- Manoj and Barati Lal @ Ajay, 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. 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 his independent opinion based on the testimony of the witnesses. September 23, 2025 Siddhant BAIL No. 15722 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad