Deepak Alias Deepu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Deepak Alias Deepu 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 Deepak Alias Deepu 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 verification of sureties and the enumerated conditions.

Issue for consideration

Whether the applicant, accused in Case Crime No. 149 of 2024 (Sections 394, 427, 120-B, 411 IPC and Sections 4/25 Arms Act, PS Gauri Bazar, District Deoria), is entitled to release on bail during the pending trial, particularly on the ground of parity with co-accused Vivek Sagar who has already been enlarged on bail.

Court's answer

The applicant is entitled to be released on bail on the ground of parity with the co-accused already enlarged on bail; the Court considered the facts and circumstances, submissions, evidence on record, pending trial and the co-accused's bail order, expressly without expressing any opinion on the merits of the case.

Ratio / Principle

Bail to take effect 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 the release order, subject to conditions (not tampering with evidence, not pressurising/intimidating prosecution witnesses, appearance before the trial court on dates fixed); breach of any condition shall be a ground for cancellation of bail.

Key takeaways

The 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¶24

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed a bail application on parity: applicant Deepak alias Deepu, booked in Case Crime No. 149 of 2024 (Police Station Gauri Bazar, District Deoria) under Sections 394, 427, 120-B, 411 IPC and Sections 4/25 Arms Act, sought bail during the pending trial. A similarly placed co-accused, Vivek Sagar, had already been enlarged on bail by a coordinate Bench (order dated 27.01.2025, Criminal Misc. Bail Application No. 29950 of 2024); the A.G.A. opposed but did not dispute the parity aspect. Criminal history of four cases was explained in the affidavit; the applicant had been in custody since 07.04.2024. The Court noted the Supreme Court's observation in Prabhakar Tewari v. State of U.P., (2020) 11 SCC 648, that pendency of several criminal cases by itself cannot be a basis for refusal of bail. Bail was granted on a personal bond with two sureties each in the like amount, subject to standard conditions, breach being a ground for cancellation; the Court expressly gave no opinion on merits and stated its observations would not affect the trial Judge's independent assessment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30045 of 2025

Deepak Alias Deepu

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Amritesh Dwivedi Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Amritesh Dwivedi, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 149 of 2024, under Sections 394, 427, 120-B, 411 of I.P.C. and Sections 4/25 of Arms Act, Police Station - Gauri Bazar, District - Deoria, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Vivek Sagar, has already been enlarged on bail by coordinate Bench of this Court vide order dated 27.01.2025 passed in Criminal Misc. Bail Application No. 29950 of 2024. 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.

Learned counsel has also stated that criminal history of four cases assigned to the applicant has been explained in the affidavit. The applicant is languishing in jail since 07.04.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

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

BAIL No. 30045 of 2025

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been disputed by him.

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.

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.

Let the applicant- Deepak Alias Deepu , 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 will not tamper with the evidence during trial.

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

iii) The applicant will 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.

(Krishan Pahal,J.)

September 17, 2025 Siddhant

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