Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29203 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Saurabh Tripathi, learned counsel for the applicants as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record.
3. Applicants seek bail in Case Crime No. 100 of 2022, under Sections 498A, 302, 307, 323, 506 IPC, Police Station-Dhampur, District-Bijnor, during the pendency of trial.
4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Adesh has already been enlarged on bail by this Court vide order dated 21.02.2023 passed in Criminal Misc. Bail Application No. 8130 of 2023. The applicants are languishing in jail since 17.03.2024 having no criminal history. It is further argued that specific role has been assigned to the mother-in-law and husband of the deceased and applicants are the distant relatives of the deceased person. He further submitted that since the role of the applicants are identical to that of co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity.
5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicants, have not been disputed by him.
6. 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 Versus Counsel for Applicant(s) : Saurabh Tripathi, Shantanu Srivastava Counsel for Opposite Party(s) : G.A. Sushma And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
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.
7. Let the applicants- Sushma and Shubham 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed.
8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
9. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
10. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses. September 9, 2025 Karan BAIL No. 29203 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad