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2025 DAILYLAW 99356 (ALL)

MOHAMMAD FAIZAN v. STATE OF U.P.

BAIL/32532/2025 · 2025-10-05

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32532 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Daya Shankar Mishra, learned Senior Counsel assisted by Sri Chandrakesh Mishra, learned counsel for the applicant and Sri Yogesh Mishra, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 14 of 2024, under Sections 8/21/29/27A of NDPS Act, Police Station - Hathinala, District - Sonbhadra, during the pendency of trial. 4. It is submitted by learned Senior Counsel for the applicant that similarly placed co-accused person, Ajit Kumar, has already been enlarged on bail by this Court vide order dated 7.5.2024 passed in Criminal Misc. Bail Application No. 17609 of 2024. 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 Senior Counsel has also stated that there is no previous criminal history of the applicant except a case u/s 25 of Arms Act foisted at the time of arrest in the instant case. The applicant is languishing in jail since 12.08.2025. 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 State Law Officer. However, the aforesaid factual aspects of parity to the co-accused and of no previous criminal history of the applicant, have not been disputed Versus Counsel for Applicant(s) : Abhishek Kumar Mishra, Chandrakesh Mishra, Sr. Advocate Counsel for Opposite Party(s) : G.A. Mohammad Faizan .....Applicant(s) State of U.P. .....Opposite Party(s) by him. 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- Mohammad Faizan, 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. 32532 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad