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2025 DAILYLAW 75596 (ALL)

WAHID KHAN v. STATE OF U.P.

BAIL/24950/2025 · 2025-09-17

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24950 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mansur Ali Ansari, learned counsel for the applicant, Sri Yogesh Mishra, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.172 of 2025, under Sections 8/21/29/60 of N.D.P.S. Act, Police Station Fatehganj West, District Bareilly, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person Rashid Khan has already been enlarged on bail by this Court vide order dated 10.09.2025 passed in Criminal Misc. Bail Application No.29399 of 2025, as such, since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The criminal history of one case assigned to the applicant stands explained. He is languishing in jail since 03.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. The prayer for bail has been vehemently opposed by learned State Law Officer. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. 6. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, Versus Counsel for Applicant(s) : Mansur Ali Ansari Counsel for Opposite Party(s) : G.A. Wahid Khan .....Applicant(s) State of U.P. .....Opposite Party(s) (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity. 8. Let the applicant- Wahid Khan, 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 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. 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 18, 2025 (Ravi Kant) BAIL No. 24950 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad