Baijnath Singh v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33615 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant and Sri Amit Kumar Shukla, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 156 of 2011, under Sections 307, 323, 504, 506 of I.P.C., Police Station Gaur, District Basti, during the pendency of trial.

¶4It is submitted by learned counsel for the applicant that similarly placed co-accused person, Manish Singh has already been enlarged on bail by the same Bench of this Court vide order dated 25.09.2025 passed in Criminal Misc. Bail Application No. 33300 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 26.08.2025, 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.

¶5Learned A.G.A. has opposed the bail application but has submitted that as per D.C.R.B report, there is no criminal history of the applicant. However, learned counsel for the informant has opposed the bail application on the ground that there is a criminal history of one case assigned to the applicant as Case Crime No.20 of 2011, Police Station Versus Counsel for Applicant(s) : Ravindra Prakash Srivastava Counsel for Opposite Party(s) : G.A. Baijnath Singh .....Applicant(s) State of U.P. .....Opposite Party(s) Kandaur, District-Gonda, as such he is not entitled for bail.

¶6Considering 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.

¶7Let the applicant-Baijnath Singh, 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.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9It 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. 33615 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad