Alimuddin vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 21435 of 2025

Alimuddin

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Vijay Kumar Tiwari
Counsel for Opposite Party(s)		: G.A.

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Court No. - 67

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HON'BLE KRISHAN PAHAL, J.

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List has been revised.

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Heard Sri R.B. Maurya, Advocate holding brief of Sri Vijay Kumar Tiwari, learned counsel for the applicant, Sri Sunil Kumar, 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.268 of 2025, under Section 143(5) B.N.S., Police Station Mugalsarai, District Chandausi, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person Mohd. Shahid has already been enlarged on bail by Coordinate Bench of this Court vide order dated 16.7.2025 passed in Criminal Misc. Bail Application No.21902 of 2025, 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. There is no criminal history of the applicant. He is languishing in jail since 15.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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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.

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Considering the facts and circumstances of the case, submissions made by

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BAIL No. 21435 of 2025

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2

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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.

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Let the applicant- Alimuddin , 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.

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(i) The applicant shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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(iii) The applicant shall appear before the trial court on the date fixed.

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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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(Krishan Pahal,J.)

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September 12, 2025

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(Ravi Kant)

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

Alimuddin v. State of U.P.

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Alimuddin v. State of U.P.

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