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2025 DAILYLAW 68249 (ALL)

SADIK v. STATE OF U.P.

BAIL/21545/2025 · 2025-07-14

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113834 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21545 of 2025 Applicant :- Sadik Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 179 of 2025, under Sections 190, 191(2), 191(3), 109(1) B.N.S. and Section 7 Criminal Law Amendment Act, Police Station Kairana, District Shamli, during the pendency of trial. It is argued by learned counsel for the applicant that Sub-Inspector Anirudh got a first information report lodged on 01.04.2025 against 17 named accused persons and some unknown persons for the alleged offence under Sections 190, 191(2), 191(3), 109(1) B.N.S., Sections 7 Criminal Law Amendment Act and Sections 3/25/27 Arms Act. It is further submitted that out of 17 named accused persons, two accused persons, namely, Amir and Parvej Bhatti have been granted bail by the Coordinate Bench of this Court vide orders dated 04.06.2025 and 11.06.2025 in Criminal Misc. Bail Application Nos. 18344 of 2025 and 18417 of 2025 respectively and the case of the applicant stands on identical footing to that of co- accused Amir and Parvej Bhatti. Hence the applicant is also entitled for bail on the ground of parity. The applicant has criminal history of one case, in which he has been granted bail, copy of bail order is annexed as Annexure No. 7 to the affidavit filed in support of the bail application. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 26.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Amir and Parvej Bhatti under similar accusation have been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant-Sadik, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 15.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad