Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27752 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Prem Chand Saroj, learned counsel for the applicant, Sri Sushil Jaiswal, learned counsel for the informant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0234 of 2024, under Sections 103(1), 3(5), 61(2), 238 B.N.S., Police Station Tezibazar, District Jaunpur, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person Shailesh Nishad has already been enlarged on bail by this Court vide order dated 8.8.2025 passed in Criminal Misc. Bail Application No.27349 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. There is no criminal history of the applicant. He is languishing in jail since 19.03.2025. 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 counsel for the informant and learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by them. 6. Considering the facts and circumstances of the case and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of Versus Counsel for Applicant(s) : Prem Chand Saroj Counsel for Opposite Party(s) : G.A., Km. Vineeta Singh, Sushil Jaiswal Akhilesh Nishad Alias Kallu .....Applicant(s) State of U.P. .....Opposite Party(s)
U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity. 7. Let the applicant- Akhilesh Nishad Alias Kallu, 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. 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. October 8, 2025 (Ravi Kant) BAIL No. 27752 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad