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Neutral Citation No. - 2025:AHC:115728 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24471 of 2025 Applicant :- Khurram Opposite Party :- State of U.P. Counsel for Applicant :- Khalid Mahmood,Qazi Abid Azam Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Khalid Mahmood, learned counsel for the applicant, Sri Pushpendra Singh Jadon, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 62 of 2022, under Sections 413, 420, 467, 468, 120-B, 34 I.P.C., Police Station- Delhi Gate, District- Meerut, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that applicant is not named in the F.I.R. Subsequently, his name came up in the statement of co-accused, Sharad Goswami, who was found in possession of several stolen mobile phones. There is no recovery of any incriminating material from the applicant during his arrest or on his pointing out. It is further submitted that co-accused persons, Sharad Goswami, Afzal Rana, Mohammad Chand, Sarik Malik and Rashid have already been enlarged on bail by coordinate Benches of this Court vide orders dated 18.02.2025, 16.08.2022, 28.02.2023, 16.08.2022 and 17.08.2022 passed in Criminal Misc. Bail Application Nos. 30204 of 2023, 33105 of 2022, 11918 of 2022, 34162 of 2022 and 33339 of 2022 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is also submitted that the charge- sheet has already been filed. Therefore, there is no
requirement of custodial interrogation. The applicant has explained his criminal history in paragraph no. 14 of the accompanying affidavit. He is languishing in jail since
04.10.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that applicant has parity with the co- accused persons who have already been released on bail.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity.
6. Let the applicant- Khurram, involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad