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Neutral Citation No. - 2025:AHC:122048 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19788 of 2025 Applicant :- Kamran Alias Kamran Akmal Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Mr. Farid Ahmad, learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 305 of 2024, under Sections 191(2), 191(3), 190, 109(1), 121(1), 324(5), 326(5), 310(2), 323(B), 132 of BNS and Section 7 of Criminal Law Amendment Act and Section 3/4 of Prevention of Damage to Public Property Act, Police Station Nakhasa, District Sambhal, during the pendency of trial.
4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Mohd. Aashiq, has already been enlarged on bail by another Bench of this Court vide order dated 26.06.2025 passed in Criminal Misc. Bail Application No. 22038 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 11.04.2025, having no criminal history. 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 A.G.A. However, the aforesaid factual aspects of parity to the co- accused and of no criminal history of the applicant, have not been disputed by him.
6. Considering the facts and circumstances of the case,
submissions made by learned 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.
7. Let the applicant- Kamran Alias Kamran Akmal, 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 shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 24.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad