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2025 DAILYLAW 85811 (ALL)

VISHAN PAL v. STATE OF U.P.

BAIL/28633/2025 · 2025-08-20

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144068 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28633 of 2025 Applicant :- Vishan Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. This is the second bail application. First bail application was rejected by the coordinate Bench of this Court vide order dated 8.9.2022 passed in C.M.B.A. No. 15665 of 2019. 2. Heard Sri Ravindra Sharma, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 198 of 2018, under Sections 307, 302, 452 read with 34 of I.P.C., Police Station - Dataganj, District - Budaun, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Ranveer, has already been enlarged on bail by this Court vide order dated 26.5.2025 passed in Criminal Misc. Bail Application No. 40436 of 2024. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 11.03.2018, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 5. The prayer for bail has been vehemently opposed by learned State Law Officer. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by her. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity. 7. Let the applicant- Vishan Pal, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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. Order Date:- 21.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad