Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22535 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Javed Khan, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 100 of 2024, under Sections 318(4), 337, 338, 340(2), 61, 319(2) of BNS and Section 66D of IT Act, Police Station - Cyber Crime, District - Agra, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Mohammad Danish, has already been enlarged on bail by coordinate Bench of this Court vide order dated 19.03.2025 passed in Criminal Misc. Bail Application No. 46810 of 2024. 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. 5. Learned counsel has also stated that the applicant is languishing in jail since 10.10.2024, having no criminal history to his credit. 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 A.G.A.. However, the aforesaid factual aspects of parity to the co-accused and having no criminal history, have not been disputed by him. 7. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Javed Alam, Mohd. Azam Counsel for Opposite Party(s) : G.A. Mohd. Raza Rafeek .....Applicant(s) State of U.P. .....Opposite Party(s)
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. 8. Let the applicant- Mohd. Raza Rafeek, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. 22535 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad