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

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

What the court decided

AI extract

Outcome

Applicant Shariq 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 verification of the sureties before issuing the release order and compliance with the prescribed conditions (no tampering with evidence; no pressurizing/intimidating prosecution witnesses; appearance before the trial court on dates fixed); breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Shariq, involved in Case Crime No. 336 of 2024 (P.S. Kotwali Sambhal, District Sambhal), is entitled to be enlarged on bail during the pendency of trial on the ground of parity with the co-accused already released on bail.

Court's answer

Without expressing any opinion on the merits of the case, and considering the submissions, evidence on record and pending trial, in light of Nanha (1993 Crl.L.J. 938), Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil (2022 SCC OnLine SC 825), the Court held that the applicant had made out a case for bail and allowed the bail application on the ground of parity.

Ratio / Principle

Although the prayer for bail was vehemently opposed by learned A.G.A., the factual aspect of parity with the co-accused already enlarged on bail was not disputed by him, so the parity ground stood uncontroverted.

Key takeaways

Release on bail was ordered subject to conditions: the applicant shall not tamper with evidence during trial; shall not pressurize/intimidate prosecution witnesses; shall appear before the trial court on dates fixed; and breach of any such condition shall be a ground for cancellation of bail.ratio¶22
Observations made in granting bail will not affect the trial judge in forming his independent opinion based on testimony of witnesses.obiter¶23

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Krishan Pahal, J.), Criminal Misc. Bail Application No. 21683 of 2025, decided September 16, 2025: Bail application of applicant Shariq, involved in Case Crime No. 336 of 2024, Police Station Kotwali Sambhal, District Sambhal, under Sections 191(2), 191(3), 190, 221, 132, 121(1), 121(2), 109(1), 125, 223(B) BNS and Section 7 of Criminal Law Amendment Act, ALLOWED on the ground of parity. Parity rested on similarly placed co-accused Sujauddin Alias Sajju, already enlarged on bail by a Co-ordinate Bench vide order dated 24.06.2025 in Criminal Misc. Bail Application No. 17300 of 2025 - a factual aspect not disputed by learned A.G.A. despite opposition to the prayer. Applicant in jail since 24.01.2025. Decision taken in light of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938; Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021; and Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825, expressly without expressing any opinion on the merits. Release ordered on a personal bond and two sureties each in the like amount, sureties to be verified before release, subject to conditions (no tampering with evidence; no pressurizing/intimidating prosecution witnesses; appearance on trial-court dates); breach of any condition to constitute ground for cancellation of bail; bail-granting observations declared incapable of affecting the trial judge's independent opinion.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 21683 of 2025

Shariq

.....Applicant(s)

Versus

State of U.P.	.....Opposite
Counsel for Applicant(s)	: Farid Ahmad
Counsel for Opposite Party(s)	: G.A.

.....Opposite Party(s)

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Farid Ahmad, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.336 of 2024, under Sections 191(2), 191(3), 190, 221, 132, 121(1), 121(2), 109(1), 125, 223(B) BNS and Section 7 of Criminal Law Amendment Act, Police Station-Kotwali Sambhal, District-Sambhal, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Sujauddin Alias Sajju has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 24.06.2025 passed in Criminal Misc. Bail Application No. 17300 of 2025. The applicant is languishing in jail since 24.01.2025. He further submitted that 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.

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.

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.

BAIL No. 21683 of 2025

2

Let the applicant- Shariq , 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 pressurize/intimidate 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.

September 16, 2025 Karan

(Krishan Pahal,J.)

Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad