Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 83026 (ALL)

PRAVEEN KUMAR v. STATE OF U.P.

BAIL/27010/2025 · 2025-09-22

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27010 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 310 of 2025, under Section 105 B.N.S., police station Khair, district Aligarh, during the pendency of trial. On 03.09.2025 following order was passed by the coordinate Bench of this Court:- "The case was called out in the category of parity matters. Learned counsel for the applicant submits that he made an attempt to serve notice upon Shri Ajay Kumar Pal, learned counsel for the first informant. However, he has refused to acknowledge the notice. In such circumstances, the Court has left no option, but to fix a date in the present case. Let, the case appear as fresh on 9.9.2025. It is made clear that if learned counsel for the first informant does not appear on the next date fixed, the Court would proceed with the case, even in the absence of learned counsel for the first informant." Today on the matter being taken up, none appears on behalf of the complainant, whereas names of two counsel, namely, Mr. Ajay Kumar Pal and Mr. Vikrant Pratap Singh, have been shown in the cause list from the side of the complainant. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. Versus Counsel for Applicant(s) : Paritosh Sukla, Shashwat Shukla Counsel for Opposite Party(s) : Ajay Kumar Pal, G.A., Vikrant Pratap Singh Praveen Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) It is argued by learned counsel for the applicant that with regard to an incident which took place on 13.05.2025 a first information report was lodged on 15.05.2025 for the offence under Section 103(1) B.N.S., 2023 against Nikki, Chhote Fauji, Babbal Chaudhary and Sachin. The applicant is not named in the F.I.R.. His complicity along with named accused Nikki, Chhote Fauji, Babbal Chaudhary and Sachin came into light in the statement of Moola alias Chandrapal Singh. He next submits that co-accused Nitin Kumar alias Nikki has been granted bail by the coordinate Bench of this Court vide order dated 27.08.2025 in Criminal Misc. Bail Application No. 23233 of 2025 and the case of the applicant stands on better footing to that of co- accused Nitin Kumar alias Nikki, hence the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 27.05.2025 having no criminal antecedent and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that co-accused-Nitin Kumar alias Nikki has been granted bail as noted above. Considering the overall facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant-Praveen Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. BAIL No. 27010 of 2025 2 (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. September 23, 2025 Kashifa BAIL No. 27010 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad