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2025 DAILYLAW 98095 (ALL)

PARVEZ v. STATE OF U.P.

BAIL/32301/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32301 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 2. Heard Sri Mohd Naushad, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 517 of 2025, under Sections 109(1), 191(2), 191(3), 190, 352, 351(2) of BNS and Section 7 of Criminal Law Amendment Act, Police Station Kairana, District Shamli, during the pendency of trial. 4. As per prosecution story, the police instituted an FIR against two rival groups regarding arsoning and rioting. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 6. Learned counsel has next stated that the allegations are per se false. None of the parties instituted the FIR. In all eight persons are stated to have sustained injuries in the incident but four persons from the side of the applicant had also sustained injuries. Even the applicant was also injured in the said offence. There is no explanation of the said injury sustained by the applicant. 7. There is no criminal history of the applicant. The applicant is Versus Counsel for Applicant(s) : Mohd. Naushad Counsel for Opposite Party(s) : G.A. Parvez .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 01.09.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Parvez, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 19, 2025 Sumit S BAIL No. 32301 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad