Haidar Ali vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Haidar Ali vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Haidar Ali on bail on furnishing a personal bond and two sureties each in the like amount (sureties to be verified before release order), subject to stated conditions regarding evidence, witnesses and attendance; breach of conditions to be ground for cancellation of bail.

Issue for consideration

Whether applicant Haidar Ali, accused in Case Crime No. 334 of 2024 (P.S. Kotwali Sambhal, District Sambhal) during the pendency of trial, is entitled to be enlarged on bail on the ground of parity with co-accused Amir who has already been released on bail.

Court's answer

Considering the facts and circumstances, submissions of counsel, evidence on record and pending trial, 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.

Ratio / Principle

Release ordered 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 the release order, subject to conditions (no tampering with evidence; no 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

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

Allahabad High Court (Hon'ble Krishan Pahal, J.), deciding Criminal Misc. Bail Application No. 31958 of 2025 on September 24, 2025, allowed the bail application of applicant Haidar Ali in Case Crime No. 334 of 2024 (Sections 191(2), 191(3), 190, 109(1), 125, 221, 132, 121(1), 121(2), 223B of B.N.S., Police Station Kotwali Sambhal, District Sambhal) solely on the ground of parity. The similarly placed co-accused, Amir, had already been enlarged on bail by the same Bench vide order dated 28.07.2025 in Criminal Misc. Bail Application No. 21863 of 2025, and the A.G.A., while opposing bail, did not dispute the factual parity. The applicant had been in jail since 20.06.2025, with four cases stated to have been foisted against him; the Court noted the Supreme Court's observation in Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. Release was ordered on a personal bond and two sureties each in the like amount, sureties to be verified, subject to conditions of not tampering with evidence, not pressurising/intimidating prosecution witnesses, and appearing before the trial court on dates fixed; breach of conditions to be a ground for cancellation. Observations made in granting bail were stated not to affect the trial Judge's independent opinion based on the testimony of witnesses.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 31958 of 2025

Haidar Ali

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Saiyad Iqbal Ahmed Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 334 of 2024, under Sections 191(2), 191(3), 190, 109(1), 125, 221, 132, 121(1), 121(2), 223B of B.N.S., Police Station Kotwali Sambhal, District Sambhal during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Amir has already been enlarged on bail by the same Bench of this Court vide order dated 28.07.2025 passed in Criminal Misc. Bail Application No. 21863 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. The applicant is languishing in jail since 20.06.2025. In all, four cases are stated to have been foisted against the applicant at a go. 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 have not been disputed by him.

In the case of Prabhakar Tewari Vs. State of U.P. and another,

BAIL No. 31958 of 2025

2

(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 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- Haidar Ali , 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 shall not tamper with the evidence during trial.

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

iii) The applicant 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 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 24, 2025 Sumit S

Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad