Sahul v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27462 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Rakesh Kumar Srivastava, holding brief of Sri Ashutosh Kumar Srivastava, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 102 of 2025, under Sections 109, 3(5), 317(5) of B.N.S. and Section 4/25 of Arms Act, Police Station Mansoorpur, District Muzaffarnagar, during the pendency of trial.

¶4It is submitted by learned counsel for the applicant that similarly placed co-accused person, Jogendra alias Teena has already been enlarged on bail by the same Bench of this Court vide order dated 28.07.2025 passed in Criminal Misc. Bail Application No. 23986 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. The applicant is languishing in jail since

12.04.2025. The criminal history assigned to the applicant stands explained. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

¶5The 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.

¶6In the case of Prabhakar Tewari Vs. State of U.P. and another, Versus Counsel for Applicant(s) : Ashutosh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Sahul .....Applicant(s) State of U.P. .....Opposite Party(s)

(2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.

¶7Considering 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 on the ground of parity.

¶8Let the applicant-Sahul, 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.

¶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 Sumit S BAIL No. 27462 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad