Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31626 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Pradeep Kumar Pal, Advocate holding brief of Sri Adya Prasad Tewari, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 506 of 2025, under Sections 137(2), 87, 143(3), 96, 61(1) of BNS, Police Station - Pipraich, District - Gorakhpur, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that the co-accused person, Moharrum Alias Rahul, has already been enlarged on bail by this Court vide order dated 17.09.2025 passed in Criminal Misc. Bail Application No. 30094 of 2025. It is further submitted that since the case of the applicant is at a better footing to the case of co-accused, who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity. 5. Learned counsel has also stated that the applicant is languishing in jail since 10.07.2025, having no criminal history. In case, the applicant is released on bail, she will not misuse the liberty of bail and shall cooperate with trial. 6. 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 applicant, have not been disputed by him. Versus Counsel for Applicant(s) : Adya Prasad Tewari Counsel for Opposite Party(s) : G.A. Radha .....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, evidence on record, pending trial and also considering the bail order of co-accused, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail. The bail application is allowed on the ground of parity. 8. Let the applicant- Radha, who is involved in aforementioned case crime be released on bail on her 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 applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 23, 2025 Siddhant BAIL No. 31626 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad