Imran Malik Vs State of U.P.

Neutral Citation No. - 2025:AHC:108889

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18724 of 2025

Applicant :- Imran Malik Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Anand Prakash Dubey, learned counsel for the applicant, Sri Raj Bahadur Verma, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 254 of 2025, under Sections 317(2), 317(4), 317(5) B.N.S., Police StationSurajpur, District- Gautam Buddh Nagar, during the pendency of the trial.

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Contention of learned counsel for the applicant is that applicant is innocent and he has been falsely implicated in the instant case. It is further submitted that all the offences are punishable upto 7 years. It is further submitted that coaccused persons, Salim Malik and Shanu, have already been enlarged on bail by a coordinate Bench of this Court vide order dated 18.06.2025 passed in Criminal Misc. Bail Application No. 19465 of 2025, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is also submitted that applicant has no criminal antecedents to his credit. The applicant is a law abiding citizen and he is languishing in jail since 02.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. has vehemently opposed the

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prayer for bail but could not dispute the fact that applicant has parity with the co-accused persons who have already been released on bail.

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Considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity.

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Let the applicant- Imran Malik involved in the aforementioned 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, with the following conditions:-

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i. The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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