Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32650 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Ram Kumar, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 566 of 2025, under Sections 318(2), 308(3), 308(5), 351(4), 61(2) of BNS and Section 66-D of IT Act, Police Station Quarsi, District Aligarh, during the pendency of trial. 4. 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. 5. Learned counsel has next stated that the applicant is not named in the FIR. The name of the applicant has come up subsequently on the basis of statement of receptionist whereby it is stated that the applicant had booked the room in his name in which main accused Manisha Singh alias Palak used to stay. The applicant has been falsely roped in the case of honey trap. 6. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Manisha Singh @ Palak has already been enlarged on bail by another Bench of this Court vide order dated 04.09.2025 passed in Criminal Misc. Bail Application No. 30451 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 Versus Counsel for Applicant(s) : Ram Kumar Counsel for Opposite Party(s) : G.A. Kshitij Alias Naksh .....Applicant(s) State of U.P. .....Opposite Party(s)
on bail on the ground of parity. 7. The applicant is languishing in jail since 27.07.2025, 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. 8. 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. 9.
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. 10. Let the applicant- Kshitij @ Naksh, 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 23, 2025 Sumit S BAIL No. 32650 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad