Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27535 of 2025 Court No. - 67 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Ajay Hansada, who is involved in Case Crime No. 268 of 2025, under Sections 143(5) BNS, police station Mughalsarai, district Chandauli, seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that SI Archana Kumari Meena lodged an F.I.R. on 15.05.2025 against 07 accused persons, namely, Ajay Kumar, Dilkhush Kumar, Prince Kumar, Alimuddin, Mohd. Mustaq Dafali, Ajay Hansada (applicant) and Mohd. Shahid, out of which, 03 co- accused, namely, Dilkhush Kumar, Mohd. Shahid and Prince Kumar have been granted bail by the coordinate Bench of this Court vide orders dated 03.07.2025 and 16.07.2025 in Criminal Misc. Bail Application Nos. 22100 of 2025, 21902 of 2025 and 21898 of 2025, respectively, hence, the applicant, whose case stands on similar footing, is also entitled for bail on the ground of parity. The applicant does not have any criminal antecedent to his credit. 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 16.05.2025 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 A.G.A. for the State opposed the prayer for bail of the Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Ajay Hansada .....Applicant(s) State of U.P. .....Opposite Party(s)
applicant but did 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 substance in the submission of learned counsel for the applicant that three co-accused persons, namely, Dilkhush Kumar, Mohd. Shahid and Prince Kumar as noted above under similar accusation have been granted bail.
Considering the 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 Ajay Hansada 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. (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. September 9, 2025 Shubham BAIL No. 27535 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad