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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30928 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Kapil Tyagi, learned counsel for the applicants and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicants seek bail in Case Crime No. 240 of 2025, under Sections 109, 115(2), 190, 190(2), 190(3), 351(3), 352 of B.N.S., Police Station Hapur Dehat, District Hapur, during the pendency of trial. 4. It is submitted by learned counsel for the applicants that similarly placed co-accused person, Sartaj, has already been enlarged on bail by another Bench of this Court vide order dated 09.09.2025 passed in Criminal Misc. Bail Application No. 30750 of 2025. It is further submitted that since the case of the applicants is at par to the co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. The applicants are languishing in jail since 20.07.2025, having no criminal history. In case, the applicants are released on bail, they shall not misuse the liberty of bail and shall cooperate with trial. 5. The prayer for bail has been vehemently opposed by learned State Law Officer. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicants, have not been disputed by him. 6. Considering the facts and circumstances of the case, submissions made Versus Counsel for Applicant(s) : Kapil Tyagi Counsel for Opposite Party(s) : G.A. Zulfikar And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
by learned counsel for the parties, evidence on record, pending trial and without expressing any opinion on the merits of the case, the Court is of the view that the applicants are entitled to be released on bail. The bail application is allowed on the ground of parity. 7. Let the applicants - Zulfikar and Chand, 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 the 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 his independent opinion based on the testimony of the witnesses. September 17, 2025 Sumit S BAIL No. 30928 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad