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2026 DAILYLAW 5203 (ALL)

ASHRAF v. STATE OF U.P.

BAIL/29922/2026 · 2026-09-07

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29922 of 2026 Court No. - 68 (Sl. No. 179 out of 185) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today is taken on record. 2. Heard Sri Yadvendra Singh, learned counsel for the applicant, Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.427 of 2023, under Sections 4/5 of The Explosives Substance Act, Police Station Chharra, District Aligarh, during the pendency of trial. 4. The criminal history assigned to the applicant has been explained. 5. This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents. In the instant case, the criminal history assigned to the applicant has been properly explained. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the evidence on record, taking into consideration that similarly placed co-accused person Naushad has already been enlarged on bail by this Court vide order dated 17.8.2026 passed in Criminal Misc. Bail Application No. 28704 of 2026, and without expressing any opinion on the merits of the case, prima facie the Court is of the view Versus Counsel for Applicant(s) : Atmaram Nadiwal, Babit Kumar, Yadvendra Singh Counsel for Opposite Party(s) : G.A. Ashraf .....Applicant(s) State of U.P. .....Opposite Party(s) that the applicant has made out a case for bail. Accordingly, the bail application is allowed on the ground of parity. 7. Let the applicant- Ashraf, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 8, 2026 Shalini BAIL No. 29922 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad