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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31932 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 40 of 2025, under Sections 191(2), 109, 115(2), 117(2), 351(3), 352 of B.N.S., Police Station Nebua Naurangia, District Kushi Nagar, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is not named in the FIR and the person who was named in the FIR, has been enlarged on bail by the co-ordinate Bench of this Court. It is next stated that co-accused person, Sunil alias Tikari alias Bhullar has been enlarged on bail by another Bench of this Court vide order dated 21.05.2025 passed in Criminal Misc. Bail Application No. 6603 of 2025. It is further submitted that since the case of the applicant is on better footing qua the aforesaid co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 18.07.2025, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 5. The prayer for bail has been vehemently opposed by learned A.G.A.. 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) : Akal Raj Singh, Upendra Kumar Pushkar Counsel for Opposite Party(s) : G.A. Dilip Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Considering the facts and circumstances of the case, submissions made 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 applicant is entitled to be released on bail. The bail application is allowed on the ground of parity. 7. Let the applicant- Dilip Kumar, who is involved in aforementioned case crime be released on bail on his 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 shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 24, 2025 Sumit S BAIL No. 31932 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad