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2025 DAILYLAW 80738 (ALL)

ADIL MEWATI v. STATE OF U.P.

BAIL/26363/2025 · 2025-09-07

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26363 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Second supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Mukesh Kumar Pandey, Advocate holding brief of Sri Vinay Dubey, learned counsel for the applicant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 214 of 2025, under Sections 318(4), 338, 336(3), 340(2), 238 B.N.S. and 63, 65 Copyright Act, Police Station- Khatauli, District- Muzaffarnagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant has been wrongly shown to be the person who had taken the said godown on rent from which the recovery was made and there is statement of the owner recorded by the Investigating Officer. The said argument has been wrongly made at the time of hearing of bail application of co-accused persons. 5. Learned counsel for the applicant has further stated that even the accused persons, who are stated to be the persons who were involved in the printing of said books, have already been enlarged on bail. He further submitted that since the case of the applicant is at par to that of co-accused, Versus Counsel for Applicant(s) : Vinay Dubey Counsel for Opposite Party(s) : G.A. Adil Mewati .....Applicant(s) State of U.P. .....Opposite Party(s) who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 1.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. The prayer for bail has been vehemently opposed by learned A.G.A. on the ground that a Thar vehicle no.UP15 EN 6350 was recovered from the applicant and it was stashed with the said illegally printed NCERT books. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and also taking into consideration the judgment of the Supreme Court passed in the case of Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and the judgment of this Court passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 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, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity. 9. Let the applicant- Adil Mewati involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. BAIL No. 26363 of 2025 2 11. 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 on the testimony of the witnesses. September 8, 2025 Vikas Verma BAIL No. 26363 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad