Allowed¶18

Avnish v. State of U.P.

Allahabad HC21 Sept 2025BAIL/23569/2025

Case brief

AI extract

What is this about?

Avnish bail parity co-accused Durvesh; Case Crime No. 404 of 2024; Sections 190, 191(2), 191(3), 109 BNS; P.S. Dataganj, District Budaun; coordinate Bench order dated 28.4.2025 in Bail Application No. 4396 of 2025; Prabhakar Tewari (2020) 11 SCC 648 pendency of criminal cases no bar to bail; custody since 19.04.2025; Allahabad High Court; Krishan Pahal, J.; decided September 22, 2025; bail allowed without opinion on merits.

What did the court decide?

Applicant Avnish 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 conditions that he will not tamper with evidence, will not pressurise/intimidate prosecution witnesses, and will appear before the trial court on dates fixed; sureties to be verified before issuance of the release order.

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Avnish is entitled to be released on bail in Case Crime No. 404 of 2024 under Sections 190, 191(2), 191(3), 109 of BNS, Police Station Dataganj, District Budaun, on the ground of parity with co-accused Durvesh who has already been enlarged on bail.

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Court's answer

Considering the facts and circumstances, submissions, evidence on record, pending trial and the bail order of the co-accused, and without expressing any opinion on the merits, the applicant is entitled to be released on bail; the bail application is allowed on the ground of parity.

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Key takeaways

Observations made in 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¶23

Detailed headnote1 paragraphs

Bail allowed on parity — Allahabad High Court (Krishan Pahal, J.) enlarges applicant Avnish on bail in Case Crime No. 404 of 2024 under Sections 190, 191(2), 191(3), 109 of BNS, Police Station Dataganj, District Budaun, solely because the similarly placed co-accused Durvesh had already been enlarged on bail by a coordinate Bench vide order dated 28.4.2025 in Criminal Misc. Bail Application No. 4396 of 2025, a fact not disputed by the State. Reliance placed on Prabhakar Tewari v. State of U.P., (2020) 11 SCC 648, for the proposition that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail; applicant's criminal history of two cases stated to be explained in affidavit and he was in jail since 19.04.2025. Bail granted without expressing any opinion on merits, subject to conditions of non-tampering with evidence, non-intimidation of prosecution witnesses, appearance on dates fixed, and verification of sureties; observations expressly not to affect the trial Judge's independent opinion.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23569 of 2025

Avnish

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s) Counsel for Applicant(s) : Abhishek Tiwari, Vijay Kumar Mishra Counsel for Opposite Party(s) : G.A. Court No. - 67

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HON'BLE KRISHAN PAHAL, J.

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List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

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Heard Sri Sunil Kumar Tiwari, Advocate holding brief of Sri Abhishek Tiwari, learned counsel for the applicant and Sri Sushil Kumar Shukla, learned State Law Officer and perused the record.

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Applicant seeks bail in Case Crime No. 404 of 2024, under Sections 190, 191(2), 191(3), 109 of BNS, Police Station - Dataganj, District - Budaun, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Durvesh, has already been enlarged on bail by coordinate Bench of this Court vide order dated 28.4.2025 passed in Criminal Misc. Bail Application No. 4396 of 2025. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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Learned counsel has also stated that criminal history of two cases assigned to the applicant has been explained in the affidavit. The applicant is languishing in jail since 19.04.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.. However, the aforesaid factual aspect of parity to the co-accused has not been disputed by him.

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BAIL No. 23569 of 2025

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In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648 , the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and also considering the bail order of co-accused, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail. The bail application is allowed on the ground of parity.

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Let the applicant- Avnish , 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 will not tamper with the evidence during trial.

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

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iii) The applicant will 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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September 22, 2025 Siddhant

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(Krishan Pahal,J.)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Avnish v. State of U.P.

Case brief

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Avnish v. State of U.P.

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