Samar Alam and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Samar Alam and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to applicants Samar Alam and Athar Alam on the ground of parity, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance before trial court on dates fixed) and verification of sureties before release order.

Issue for consideration

Whether the applicants (Samar Alam and Athar Alam), whose roles are identical to that of co-accused Waseem already enlarged on bail, are entitled to be released on bail in Case Crime No.112 of 2025 under Sections 191(2), 191(3), 190, 61(2), 103(2) B.N.S. on the ground of parity.

Court's answer

Considering the facts and circumstances, the judgment of this Court in Nanha S/o Nabhan Kha and the Supreme Court judgments in Paras Ram Vishnoi and Satender Kumar Antil, the applicants have made out a case for bail and the bail application is allowed on the ground of parity.

Ratio / Principle

Applicants Samar Alam and Athar Alam are to be released on bail on their 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.

Key takeaways

Release is subject to conditions that the applicants shall not tamper with evidence during trial, shall not pressurise/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¶¶21

Detailed headnote1 paragraphs

Bail — grant on ground of parity — Allahabad High Court (Krishan Pahal, J.) allowed Criminal Misc. Bail Application No. 25373 of 2025 filed by Samar Alam and Athar Alam, accused in Case Crime No.112 of 2025, Police Station Civil Lines, District Aligarh, under Sections 191(2), 191(3), 190, 61(2), 103(2) B.N.S. The applicants' roles were identical to those of co-accused Waseem, already enlarged on bail by a Coordinate Bench on 1.8.2025 in Bail Application No.24022 of 2025, and the fact of such parity was not disputed by the informant or the State. Reliance was placed on Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938, and on the Supreme Court decisions in Paras Ram Vishnoi vs. Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil vs. CBI, (2022) 10 SCC 51. The applicants, in custody since 06.03.2025 and with no criminal history noted, were directed to be released on a personal bond with two sureties each, subject to conditions against tampering with evidence or intimidating witnesses and to attendance before the trial court; breach would be grounds for cancellation. Observations in the bail order were expressly not to affect the trial Judge's independent assessment of witness testimony.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 25373 of 2025

Samar Alam And Another

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Balbir Yadav, Pooja Yadav
Counsel for Opposite Party(s) : Syed Ahmed Faizan, G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Balbir Yadav, learned counsel for the applicants, Sri Syed Ahmed Faizan, learned counsel for the informant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

Applicants seek bail in Case Crime No.112 of 2025, under Sections 191(2), 191(3), 190, 61(2), 103(2) B.N.S., Police Station Civil Lines, District Aligarh, during the pendency of trial.

It is submitted by learned counsel for the applicants that similarly placed co-accused person Waseem has already been enlarged on bail by Coordinate Bench of this Court vide order dated 1.8.2025 passed in Criminal Misc. Bail Application No.24022 of 2025. There is no criminal history of the applicants. The applicants are languishing in jail since 06.03.2025. He further submitted that since the roles of the applicants are identical to that of co-accused who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. In case, the applicants are released on bail, they will not misuse the liberty of bail.

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

Considering the facts and circumstances of the case and in light of the

BAIL No. 25373 of 2025

2

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 Investigation and Another , (2022) 10 SCC 51 , the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the ground of parity.

Let the applicants- Samar Alam and Athar Alam , who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial.

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

(iii) The applicants 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 applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses.

(Krishan Pahal,J.)

October 27, 2025 (Ravi Kant)

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