Babloo @ Nasruddin vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Babloo @ Nasruddin vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Babloo @ Nasruddin 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: (i) not tamper with the evidence during trial; (ii) not pressurise/intimidate the prosecution witnesses; (iii) appear before the trial court on the dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Babloo @ Nasruddin, involved in Case Crime No. 240 of 2025 under Sections 103(1) & 3(5) of I.P.C. (Police Station Cantt., District Bareilly), is entitled to be released on bail during the pendency of trial on the ground of parity with the similarly placed co-accused Tanveer, already enlarged on bail by this Court.

Court's answer

The Court held that the applicant Babloo @ Nasruddin is entitled to be released on bail and allowed the bail application on the ground of parity with the co-accused Tanveer, who had already been enlarged on bail.

Key takeaways

Bail was granted without expressing any opinion on the merits of the case.obiter¶¶17
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¶¶23

Detailed headnote1 paragraphs

Bail granted on parity — applicant Babloo @ Nasruddin, Case Crime No. 240 of 2025, under Sections 103(1) & 3(5) of I.P.C., P.S. Cantt., District Bareilly; bail allowed during pendency of trial on the ground of parity with the similarly placed co-accused Tanveer, earlier enlarged on bail by this Court vide order dated 8.10.2025 in Criminal Misc. Bail Application No. 28515 of 2025; applicant in jail since 3.5.2025 with no criminal history, neither fact disputed by the State despite the A.G.A.'s opposition; decision taken in the light of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 (this Court), Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 (Supreme Court), and Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51 (Supreme Court), without expressing any opinion on the merits of the case; release ordered on a personal bond and two sureties each in the like amount, sureties to be verified before the release order, subject to conditions against tampering with evidence, pressurising/intimidating prosecution witnesses, and requiring appearance before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail; observations made in granting bail not to affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Krishan Pahal, J., High Court of Judicature at Allahabad, order dated October 15, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 31945 of 2025

Babloo @ Nasruddin

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Santosh Kumar Singh, Syed Wajid Ali Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Santosh Kumar Singh, learned counsel for the applicant and Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 240 of 2025, under Sections 103(1) & 3(5) of I.P.C., Police Station - Cantt., District - Bareilly, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Tanveer, has already been enlarged on bail by this Court vide order dated 8.10.2025 passed in Criminal Misc. Bail Application No. 28515 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.

Learned counsel has also stated that the applicant is languishing in jail since 3.5.2025, having no criminal history. 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 aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs.

BAIL No. 31945 of 2025

2

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 judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 , 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 in this case. The bail application is allowed on the ground of parity.

Let the applicant- Babloo @ Nasruddin , 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.

October 15, 2025 Siddhant

(Krishan Pahal,J.)

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