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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30669 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Rajesh Kumar Mishra, learned counsel for the applicants, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.109 of 2025, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Kotwali, District Rampur, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person Smt. Suhana Bi has already been enlarged on bail by this Court vide order dated 02.09.2025 passed in Criminal Misc. Bail Application No.30060 of 2025. There is no criminal history of the applicants. The applicants are languishing in jail since 20.07.2025. 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. 5. 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. 6. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Rajesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Shamim Khan And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigationa and Another, 2022 SCC OnLine SC 825, 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. 7.
Let the applicants- Shamim Khan, Yameen @ Arsalan and Sami Khan, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 9, 2025 (Ravi Kant) BAIL No. 30669 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad