Javed Akhtar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Javed Akhtar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Enlargement of applicant Javed Akhtar on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuance of the release order, subject to the stated conditions.

Issue for consideration

Whether applicant Javed Akhtar, whose role is identical to that of co-accused Sameer and Shuaib who have already been enlarged on bail, is entitled to be enlarged on bail pending trial on the ground of parity.

Court's answer

Without expressing any opinion on the merits of the case, the Court held that the applicant had made out a case for bail and allowed the bail application on the ground of parity with the co-accused already enlarged on bail.

Ratio / Principle

The Court accepted the factual aspect of parity with co-accused Sameer and Shuaib, previously enlarged on bail by a Co-ordinate Bench on 23.06.2025, as undisputed by the learned State Law Officer.

Key takeaways

Release is ordered on furnishing a personal bond and two sureties each in the like amount (sureties to be verified before the release order), subject to the conditions that the applicant shall not tamper with evidence during trial, shall not pressurize or intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.ratio¶¶15
It is made clear that the 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.obiter¶¶16

Detailed headnote1 paragraphs

Bail allowed on ground of parity — CRIMINAL MISC. BAIL APPLICATION No. - 22466 of 2025 (Neutral Citation No. - 2025:AHC:124210), Court No. 65, Hon'ble Krishan Pahal, J., order dated 28.7.2025. Applicant Javed Akhtar sought 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 the Criminal Law Amendment Act, Police Station Sambhal, District Sambhal, during the pendency of trial, having been in jail since 24.12.2024. Similarly placed co-accused Sameer and Shuaib had already been enlarged on bail by a Co-ordinate Bench of this Court vide orders dated 23.06.2025 passed in Criminal Misc. Bail Application Nos. 19063 of 2025 and 18933 of 2025; the prayer for bail was opposed by the learned State Law Officer, who did not dispute the factual aspect of parity. Considering the submissions and in light of the judgement of this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938, and of the Supreme Court in 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, and without expressing any opinion on the merits, the Court found the applicant had made out a case for bail and allowed the application on the ground of parity: release on a personal bond and two sureties each in the like amount (sureties to be verified before release), conditioned on non-tampering with evidence, non-intimidation of prosecution witnesses and attendance before the trial court on fixed dates; breach of any condition to be a ground for cancellation of bail, with observations made in granting bail expressly not to affect the trial Judge's independent opinion.