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2025 DAILYLAW 91248 (ALL)

KAMAL AND ANOTHER v. STATE OF U.P.

BAIL/33170/2025 · 2025-09-24

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33170 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Kuldeep Kumar, learned counsel for the applicants, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 4. Applicants seek bail in Case Crime No.679 of 2025, under Sections 191(2), 190, 190(3), 117(2), 115(2), 351(2), 352 and 109 B.N.S., Police Station Sikandrabad, District Bulandshahr, during the pendency of trial. 5. It is submitted by learned counsel for the applicants that similarly placed co-accused person Nempal Alias Neelam has already been enlarged on bail by this Court vide order dated 23.09.2025 passed in Criminal Misc. Bail Application No.32611 of 2025. There is no criminal history of the applicants. The applicants are languishing in jail since 16.07.2025. 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. In case, the applicants are released on bail, they will not misuse the liberty of bail. 6. The prayer for bail has been vehemently opposed by learned State Law Officer. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. Versus Counsel for Applicant(s) : Kuldeep Kumar Counsel for Opposite Party(s) : G.A. Kamal And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 7. 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. 8. Let the applicants- Kamal and Sunil, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 their independent opinion based on the testimony of the witnesses. September 25, 2025 (Ravi Kant) BAIL No. 33170 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad