Neeraj Jaiswal Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Neeraj Jaiswal Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed on the ground of parity. Applicant Neeraj Jaiswal to be released on bail in Case Crime No.322 of 2024 (P.S. Geeda, District Gorakhpur) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with evidence during trial; (ii) not to pressurise/intimidate prosecution witnesses; (iii) to appear before the trial court on the dates fixed; sureties to be verified before the release order; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Neeraj Jaiswal, whose role is stated to be identical to that of co-accused Sant Kumar Nishad (already enlarged on bail by this Court), is entitled to bail in Case Crime No.322 of 2024 under Sections 70(1), 126(2), 115(2) B.N.S., 2023 on the ground of parity, during the pendency of trial.

Court's answer

Considering the facts and circumstances, submissions of learned counsel for the parties, the evidence on record, pending trial, and in light of the cited judgments (including this Court's own judgment in Nanha S/o Nabhan Kha), and without expressing any opinion on the merits of the case, this Court held that the applicant has made out a case for grant of bail on the ground of parity with the already-enlarged co-accused.

Ratio / Principle

The applicant Neeraj Jaiswal is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions that he shall not tamper with evidence during trial, shall not pressurise/intimidate the prosecution witnesses, and shall appear before the trial court on the dates fixed; breach of any condition shall be a ground for cancellation of bail; the sureties are to be verified before issuance of the release order.

Key takeaways

It is made clear that the 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.obiter¶21

Detailed headnote1 paragraphs

Criminal Misc. Bail Application No. 13519 of 2025 (Allahabad HC, Krishan Pahal J., order dated 22.5.2025; Neutral Citation 2025:AHC:87178) — ALLOWED ON PARITY. Applicant Neeraj Jaiswal, accused in Case Crime No.322 of 2024 under Sections 70(1), 126(2), 115(2) B.N.S., 2023 (P.S. Geeda, Dist. Gorakhpur), enlarged on bail during pendency of trial solely on the ground of parity, because similarly placed co-accused Sant Kumar Nishad had already been enlarged on bail vide order dated 18.03.2025 in Crl. Misc. Bail Application No.47346 of 2024 and the parity aspect was not disputed by the State. Criminal history of four cases stated to stand explained; custody since 17.07.2024. Reliance placed on Prabhakar Tewari v. State of U.P., (2020) 11 SCC 648 (pendency of several criminal cases itself cannot be a basis for refusal of bail); Nanha S/o Nabhan Kha v. State of U.P., 1993 Crl.L.J. 938 (this Court); Paras Ram Vishnoi, MANU/SCOR/22410/2021; and Satender Kumar Antil, 2022 SCC OnLine SC 825 (both SC). Release on personal bond and two sureties each in the like amount with standard conditions; no opinion expressed on merits; observations expressly not to affect the trial Judge's independent opinion.

Neutral Citation No. - 2025:AHC:87178

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13519 of 2025

Applicant :- Neeraj Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Awaneesha Kumar,Mahesh Kumar Sahani,Narendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Supplementary affidavit filed today is taken on record.

Heard Sri Narendra Singh, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.322 of 2024, under Sections 70(1), 126(2), 115(2) B.N.S., 2023, Police Station Geeda, District Gorakhpur, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person Sant Kumar Nishad has already been enlarged on bail by this Court vide order dated 18.03.2025 passed in Criminal Misc. Bail Application No.47346 of 2024, as such, since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

Learned counsel for the applicant has further stated that the criminal history of four cases assigned to the applicant stands explained. He is languishing in jail since 17.07.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648 has observed that pendency

of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigationa and Another, 2022 SCC OnLine SC 825 , and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.

Let the applicant- Neeraj Jaiswal , 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 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.

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

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.

Order Date :- 22.5.2025 (Ravi Kant)

(Justice Krishan Pahal)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad