Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32366 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 Ram Mohit Yadav, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 304 of 2024, under Sections 191(2), 191(3), 190, 109(1), 121(2), 132, 223(B), 117(2) of BNS and Section 7 of Criminal Law Amendment 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, Sultan Arif @ Sultan Aarfeen, has already been enlarged on bail by coordinate Bench of this Court vide order dated 23.6.2025 passed in Criminal Misc. Bail Application No. 17969 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.
5. Learned counsel has also stated that 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.
6. 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) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Gulbuddin Hikamtyar .....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- Gulbuddin Hikamtyar, 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 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 19, 2025 Siddhant BAIL No. 32366 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