VIRENDRA KUMAR ALIAS RENCHU AND ANOTHER v. STATE OF U.P.
BAIL/24147/2025 · 2025-09-18
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73000 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73000 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24147 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Munna Tiwari, learned counsel for the applicants, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.227 of 2025, under Sections 109, 190, 191(2), 191(3), 115(2), 352, 351(3) BNS and Section 4/25 Arms Act, Police Station- Gola, District- Gorakhpur, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person, Shailesh has already been enlarged on bail by this Court vide order dated 04.08.2025 passed in Criminal Misc. Bail Application No. 23798 of 2025. The applicants are languishing in jail since 21.05.2025 He further submitted that since the role of the applicants is identical to that of co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. 5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Versus Counsel for Applicant(s) : Munna Tiwari Counsel for Opposite Party(s) : G.A. Virendra Kumar Alias Renchu And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
Investigation, MANU/SCOR/22410/2021 coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the ground of parity. 7. Let the applicants- Virendra Kumar @ Renchu and Ramdarash 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants 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 19, 2025 Karan BAIL No. 24147 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad