VIRENDRA KUMAR MISHRA ALIAS RAJAN v. STATE OF U.P.
BAIL/32512/2025 · 2025-10-05
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99343 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99343 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32512 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Kamal Kumar Singh, learned counsel for the applicant and Sri Rahul Kumar, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 105 of 2025, under Sections 115(2) & 109 of BNS, Police Station - Itwa, District - Siddharth Nagar, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Dinesh Kumar Mishra, has already been enlarged on bail by this Court vide order passed today itself in Criminal Misc. Bail Application No. 32196 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 25.06.2025, 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. 6. The prayer for bail has been vehemently opposed by learned counsel for the informant as well as 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 them. Versus Counsel for Applicant(s) : Dharnidhar Pandey, Kamal Kumar Singh Counsel for Opposite Party(s) : G.A., Rahul Kumar Virendra Kumar Mishra Alias Rajan .....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- Virendra Kumar Mishra Alias Rajan, 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. October 6, 2025 Siddhant BAIL No. 32512 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad