Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29429 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Awadh Bihari Pandey, learned counsel for the applicants, Sri Umesh Tripathi, Advocate holding brief of Sri Sanjay Mishra, learned counsel for the informant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record.
3. Applicants seek bail in Case Crime No.49 of 2025, under Sections 109(1), 191(2), 352 B.N.S., Police Station Basrehar, District Etawah, during the pendency of trial.
4. It is submitted by learned counsel for the applicants that similarly placed co-accused persons, namely, Dharmendra and Avaneesh @ Balla, have already been enlarged on bail by this Court vide order dated 12.09.2025 passed in Criminal Misc. Bail Application No.29658 of 2025. He further submitted that since the roles 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. Learned counsel for the applicant has further stated that the criminal history of two cases assigned to applicant no.1 stands explained. Applicant nos.2 and 3 have no criminal antecedents to their credit. The applicants are languishing in jail since 29.06.2025.In case, the applicants are released on bail, they will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Awadh Bihari Pandey Counsel for Opposite Party(s) : G.A., Sanjay Mishra Sudheer And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
6. The prayer for bail has been vehemently opposed by learned counsel for the informant and learned State Law Officer. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by them.
7. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.
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 applicants have 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 applicants- Sudheer, Rahul and Abhishek, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants 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 applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. September 25, 2025 (Ravi Kant) BAIL No. 29429 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad