Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109252 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20058 of 2025 Applicant :- Brijesh Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rajendra Singh Yadav, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 279 of 2023, under Sections 147, 148, 149, 323, 324, 325, 308, 504, 506 I.P.C., Police Station- Nagla Khangar, District- Firozabad, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant is innocent and he has been falsely implicated in the instant case. It is further submitted that all the offences are punishable upto 7 years. It is further submitted that co-accused, Ravi, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 19.06.2025 passed in Criminal Misc. Bail Application No. 20352 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is also submitted that applicant has no criminal antecedents to his credit. The applicant is a law abiding citizen and he is languishing in jail since 06.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the fact that applicant has parity with the co- accused who has already been released on bail. 5. Considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable
upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity. 6.
Let the applicant- Brijesh involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 7.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad