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2025 DAILYLAW 98734 (ALL)

CHOTU ALIAS AMIR v. STATE OF U.P.

BAIL/32349/2025 · 2025-09-18

Krishan Pahal

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32349 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Irshad Ahmad, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 305 of 2024, under Sections 191(2), 191(3), 190, 109(1), 121(1), 132, 324(5), 223(B), 326(G), 310(2) B.N.S. and Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damage to Public Property Act, Police Station Nakhasa, District Sambhal during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Faizan alias Pillu, has already been enlarged on bail by the same Bench of this Court vide order dated 29.07.2025 passed in Criminal Misc. Bail Application No. 23011 of 2025. It is further submitted that since the case of the applicant is at par to the 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 08.12.2024, 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 have not been disputed by him. 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- Chotu alias Amir, 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. Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Chotu Alias Amir .....Applicant(s) State of U.P. .....Opposite Party(s) ii) The applicant shall not pressurize/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. (Krishan Pahal,J.) September 19, 2025 Sumit S BAIL No. 32349 of 2025 2 Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad