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2025 DAILYLAW 66775 (ALL)

MOHD AZAM KHAN v. STATE OF U.P.

BAIL/20882/2025 · 2025-09-24

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20882 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Mohd. Faizal, Advocate holding brief of Sri Irshad Ahmad, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 333 of 2024, under Sections 191(2), 190, 115(2), 352, 221, 132, 121(1), 121(2), 109(1), 125, 310(2), 223B, 191(3), 311, 317(3) of BNS and Sections 25(1A), (1-A.B) of Arms Act, Police Station- Kotwali Sambhal, District- Sambhal, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused persons, namely, Aftab, has already been enlarged on bail by this Court vide order dated 22.09.2025 passed in Criminal Misc. Bail Application No. 22041 of 2025. Since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. Learned counsel has also stated that criminal history of four cases assigned to the applicant has been explained and all the said four cases have been foisted upon him at a go. The applicant is languishing in jail since 24.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. The prayer for bail has been vehemently opposed by learned State Law Officer. However, the aforesaid factual aspect of parity to the co-accused has Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Mohd Azam Khan .....Applicant(s) State of U.P. .....Opposite Party(s) not been disputed by him. 7. 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 by itself cannot be a basis for refusal of bail. 8. 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 applicant is entitled to be released on bail. The bail application is allowed on the ground of parity. 9. Let the applicant- Mohd Azam Khan, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 25, 2025 sailesh BAIL No. 20882 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad