Fardeen Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:71867

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15078 of 2025

Applicant :- Fardeen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. As informed by learned A.G.A., notice has been served to the informant on 29.3.2025.

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Heard learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 02 of 2024, U/S 376(D) IPC and 5G/6 POCSO Act, Police Station Masuri, District Ghaziabad, during the pendency of trial.

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It is submitted by learned counsel for the applicant that coaccused person, Mujeeb, who happens to be the brother-in-law (Jija) of the applicant, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 24.5.2024 passed in Criminal Misc. Bail Application No. 17213 of 2024. The applicant is languishing in jail since 4.1.2024, having no criminal history. The role of the applicant is assigned to have accompanied the main accused person Mujeeb. The victim and the informant have been examined as P.W. 1 and P.W. 2 respectively, in court and neither of them has levelled any allegations of rape against the applicant. The allegations have been made against the co-accused person, Mujeeb only, who has been enlarged on bail. He further submitted that the case of the applicant is at a better footing than that of the coaccused, who has already been enlarged on bail, therefore, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the coaccused and of no criminal history of the applicant, have not been disputed by him.

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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 judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another , reported in 2022 SCC Online SC 825 without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

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Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Fardeen , who is involved in aforementioned case crime number 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.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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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.

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Order Date :- 6.5.2025

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Shalini

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(Justice Krishan Pahal)

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Fardeen v. State of U.P. and 3 Others

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