Avneet Kumar v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24908 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Ashish Kumar Dwivedi and Sri Hari Om Pandey, learned counsels for the applicant and Sri Shailesh Kumar Srivastava, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 144 of 2025, under Sections 109(1), 115(2), 352, 351(3) & 118(2) of BNS, Police Station - Haldaur, District - Bijnor, during the pendency of trial.

¶4It is submitted by learned counsel for the applicant that the case of the applicant is at a different footing to the case of co-accused Ravendra @ Kaley, who has been assigned the role of assault with sickle, has already been enlarged on bail by this Court today itself passed in Criminal Misc. Bail Application No. 24874 of 2025, as such, the applicant is also entitled to be enlarged on bail on the ground of parity.

¶5Learned counsel has also stated that the applicant is languishing in jail since 11.06.2025, 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.

¶6The 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) : Amit Rana, Ashish Kumar Dwivedi, Hari Om Pandey Counsel for Opposite Party(s) : G.A., Shailesh Kumar Srivastava Avneet Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)

¶7Considering 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.

¶8Let the applicant-Avneet Kumar, 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.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It 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 26, 2025 Siddhant BAIL No. 24908 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad