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

Bail application allowed on the ground of parity; applicant Javed Akhtar to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to verification of sureties and conditions against tampering with evidence, pressurising/intimidating prosecution witnesses, and requiring appearance before the trial court on fixed dates.

Issue for consideration

Whether the applicant, whose role is identical to that of co-accused Shane Alam already enlarged on bail, is entitled to be enlarged on bail on the ground of parity during the pendency of trial.

Court's answer

Without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail and allowed the bail application on the ground of parity.

Ratio / Principle

The applicant Javed Akhtar is 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, with sureties to be verified before issuance of the release order, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance before the trial court on dates fixed); breach of conditions shall be a ground for cancellation of bail.

Key takeaways

Observations made while granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶17

Detailed headnote1 paragraphs

Bail - parity - Allahabad High Court (Krishan Pahal, J.), CRIMINAL MISC. BAIL APPLICATION No. 22467 of 2025, decided 28.7.2025 (2025:AHC:124159): regular bail granted to applicant Javed Akhtar in Case Crime No. 337 of 2024, P.S. Kotwali Sambhal, District Sambhal, under Sections 191(2), 191(3), 190, 109(1), 125-A, 125-B, 221, 132, 121(1), 121(2), 324(4), 223(B), 325(F) BNS, Section 7 of the Criminal Law Amendment Act and Section 3/4 of the Prevention of Damage to Public Property Act, solely on the ground of parity with similarly placed co-accused Shane Alam, already enlarged on bail by the same Court on 08.05.2025 in Criminal Misc. Bail Application No. 10499 of 2025, the State not disputing the parity; applicant in jail since 24.12.2024; reliance placed on Nanha S/o Nabhan Kha v. State of U.P., 1993 Crl.L.J. 938, Paras Ram Vishnoi v. Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil v. CBI, 2022 SCC OnLine SC 825; no opinion expressed on merits; release on personal bond and two sureties with conditions against tampering with evidence and intimidating witnesses and attendance at trial; breach to be ground for cancellation; observations not to affect trial judge's independent opinion.

Neutral Citation No. - 2025:AHC:124159

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22467 of 2025

Applicant :- Javed Akhtar Opposite Party :- State of U.P. Counsel for Applicant :- Javed Habib Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Javed Habib, learned counsel for the applicant, Ms. Ifra Islam, learned State Law Officer for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.337 of 2024, under Sections 191(2), 191(3), 190, 109(1), 125-A, 125-B, 221, 132, 121(1), 121(2), 324(4), 223(B), 325(F) BNS and Section 7 of the Criminal Law Amendment Act and Section 3/4 of the Prevention of Damage to Public Property 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, namely, Shane Alam has already been enlarged on bail by this Court vide order dated 08.05.2025 passed in Criminal Misc. Bail Application No. 10499 of 2025. The applicant is languishing in jail since 24.12.2024. 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 State Law Officer, 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.

Let the applicant- Javed Akhtar , 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.

Order Date :- 28.7.2025

Karan

(Justice Krishan Pahal)

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