Parvez vs State of U.P.

Neutral Citation No. - 2025:AHC:20992

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1626 of 2025

Applicant :- Parvez Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Ms. Abhilasha Singh, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 484 of 2022, under Sections 302, 201, 34 IPC, Police Station Chandausi, District Sambhal during pendency of the trial.

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Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on merit vide order dated 05.05.2023 and she is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 22.11.2022 i.e. for last more than two years and till date trial of the case could not be concluded.

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She further submits, along with applicant co-accused Suhaiv was also made accused and however his first bail application was dismissed but on 06.12.2024 the co-ordinate Bench of this Court allowed his second bail application and except the fact that as per allegation deceased sustained injuries in the house of the applicant, case of applicant is at par with him.

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She further submits, bail application of co-accused Sana, the wife of the applicant has already been allowed by this Court. She next submits, applicant is not having any criminal history.

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Per contra, learned AGA opposed the prayer for bail and submitted that this is second bail application filed on behalf of the

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applicant but could not dispute the fact that in the present matter applicant is in jail since 22.11.2022 i.e for last more than two years and bail application of co-accused Suhaiv has been allowed by the co-ordinate Bench of this Court and case of applicant is almost at par with him.

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Learned AGA further could not dispute the fact that bail application of co-accused Sana has already been allowed by this Court.

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I have heard learned counsel for the parties and perused the record of the case.

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This is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court vide order dated 05.05.2023 but it reflects, after rejection of first bail application of the applicant co-accused Suhaiv has been released on bail by this Court vide order dated 06.12.2024 and on merit case of applicant is almost at par with him.

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Further, bail application of co-accused Sana, the wife of the applicant, has already been allowed by this Court.

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Further, applicant is not having any criminal history and he is in jail for last more than two years.

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Therefore, considering the facts and circumstances of the case, particularly the long incarceration of more than two years, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Parvez be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court

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or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 13.2.2025

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AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Parvez v. State of U.P.

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Parvez v. State of U.P.

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