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2025 DAILYLAW 68683 (ALL)

DANISH v. STATE OF U.P.

BAIL/22043/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22043 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Counter affidavit filed by learned A.G.A. today is taken on record. Learned counsel for the applicant does not propose to file any rejoinder affidavit. 2. Heard Sri Mohd. Akbar Shah Alam Khan, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 204 of 2025, under Sections 109 of B.N.S. and Section 3/5/8 of Cow Slaughter Act, Police Station Nai Mandi, District Muzaffar Nagar, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused persons, Aina alias Sonu alias Mohd. Kaleem and Vamish alias Pallu have already been enlarged on bail by the same Bench of this Court vide order dated 18.07.2025 passed in Criminal Misc. Bail Application No. 21955 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 17.05.2025. The criminal history of three cases assigned to the applicant stands explained. 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 have Versus Counsel for Applicant(s) : Mohd. Akbar Shah Alam Khan Counsel for Opposite Party(s) : G.A. Danish .....Applicant(s) State of U.P. .....Opposite Party(s) 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 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. 7. Let the applicant- Danish, 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. September 22, 2025 Sumit S BAIL No. 22043 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad