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

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

What the court decided

AI extract

Outcome

Release of applicant Suhail on bail 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 (sureties to be verified before release order), subject to conditions: (i) shall not tamper with evidence during trial; (ii) shall not pressurise/intimidate prosecution witnesses; (iii) shall appear before the trial court on the date fixed; breach of any condition shall be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Suhail, whose role is stated to be identical to that of co-accused Salmuddin (already enlarged on bail by this Court on 7.8.2025), is entitled to be enlarged on bail in Case Crime No. 38 of 2025 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 grant of bail on the ground of parity and allowed the bail application on that ground.

Ratio / Principle

The applicant 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 verified before issuance of the release order, subject to conditions: (i) not to tamper with evidence during trial; (ii) not to pressurise/intimidate prosecution witnesses; (iii) to appear before the trial court on the date fixed; breach of any condition to be a ground for cancellation of bail.

Key takeaways

Rider: 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¶¶18

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Krishan Pahal, J.), Order dated 22.8.2025, in CRIMINAL MISC. BAIL APPLICATION No. 28900 of 2025 (Neutral Citation 2025:AHC:144855): bail allowed to applicant Suhail in Case Crime No. 38 of 2025 under Sections 115(2), 85, 80(2), 351(2), 352 B.N.S. and 3/4 D.P. Act, P.S. Sardhana, Distt. Meerut, solely on the ground of parity, his role being identical to that of co-accused Salmuddin already enlarged on bail by this Court on 7.8.2025 in Criminal Misc. Bail Application No. 25991 of 2025; no criminal history; in jail since 15.05.2025; prayer opposed by A.G.A. but the factual aspect of parity not disputed; decided without expressing any opinion on merits, in light of 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; release ordered on personal bond and two sureties, with standard conditions (no tampering with evidence, no intimidation of witnesses, attendance before trial court), breach being ground for cancellation; observations expressly stated not to affect the trial Judge's independent opinion.