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2025 DAILYLAW 89575 (ALL)

SATENDRA v. STATE OF U.P.

BAIL/29897/2025 · 2025-09-25

Sameer Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29897 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Case called out in revises list. None present on behalf of informant. 2. Heard Sri Naseem Ahmad, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 380 of 2023, under Sections 147, 148, 149, 34, 302 IPC, Police Station Ghiror, District Mainpuri during pendency of the trial. 4. Learned counsel for the applicant submits, this is second bail application filed on behalf of applicant. The first bail application of the applicant was dismissed by this Court on merit vide order dated 17.04.2025 and he is pressing the instant second bail application on the ground that after rejection of first bail application of the applicant, the second bail application of co- accused Narayan Swaroop has been allowed by the co-ordinate Bench of this Court vide order dated 22.09.2025 passed in Criminal Misc. Bail Application No. 30176 of 2025 and on facts, case of applicant is at par with him. 5. He further submits, however, apart from the present case applicant is having having criminal history of one another case but his criminal history has been explained in the instant bail application and that case relates to non heinous offence. 6. He further submits, in the present matter applicant is in jail since 28.11.2023 i.e. for last more than one and half years. Versus Counsel for Applicant(s) : Naseem Ahmad Counsel for Opposite Party(s) : Anurag Dubey, G.A. Satendra .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned AGA opposed the prayer for bail and submits, after considering the entire facts of the case in detail the first bail application of the applicant has been dismissed but could not dispute the fact that co- accused Narayan Swaroop after rejection of first bail application of the applicant has been released on bail by the co-ordinate Bench of this Court vide order dated 22.09.2025 and on facts case of applicant is at par with him. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is second bail application filed on behalf of applicant and first bail application of the applicant was dismissed after considering the merit of the case but it reflects, after rejection of first bail application of the applicant, co-accused Narayan Swaroop has been released on bail by the co- ordinate Bench of this Court vide order dated 22.09.2025 and on facts, case of applicant is at par with him. 10. The Apex Court in the case of Satender Kumar Antil Vs. CBI & another (2022) 10 SCC 51 in paragraph no. 98 has observed that:- "Uniformity and certainty in the decisions of the court are the foundations of judicial dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. Such an action though by an exercise of discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India." 11. Further, however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application. 12. Further, in the present matter applicant is in jail since 28.11.2023 i.e. for last more than one and half years. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Satendra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the BAIL No. 29897 of 2025 2 satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 26, 2025 AK Pandey BAIL No. 29897 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad