Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29298 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Brijesh Kumar Mishra, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.
3. Learned A.G.A. has informed that the notice to the informant has been served on 23.08.2025.
4. Learned counsel for the applicant is permitted to correct the name of the applicant in the memorandum of bail application during the course of the day.
5. Applicant seeks bail in Case Crime No.37 of 2024, under Sections 363, 120B I.P.C., Police Station Khampar, District Deoria, during the pendency of trial.
6. It is submitted by learned counsel for the applicant that similarly placed co-accused person Mukesh Chauhan has already been enlarged on bail by this Court vide order dated 10.9.2024 passed in Criminal Misc. Bail Application No.24704 of 2024, 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 09.04.2024. In case, the applicant is released on bail, he will not misuse the liberty of Versus Counsel for Applicant(s) : Brijesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Haribadan Chauhan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
bail.
7. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.
9. Let the applicant- Haribadan Chauhan, 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.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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.
12. Office is directed to correct the name of the applicant in the array of parties, as indicated, through computer centre. September 16, 2025 (Ravi Kant) BAIL No. 29298 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad