Nanak Chand Alias Manoj Kumar Vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 32606 of 2025

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Nanak Chand Alias Manoj Kumar

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.....Applicant(s)

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Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Ajay Kumar Pathak Counsel for Opposite Party(s) : G.A.

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Court No. - 67

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HON'BLE KRISHAN PAHAL, J.

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List has been revised. Supplementary affidavit and second supplementary affidavit filed by learned counsel for the applicant today are taken on record.

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Heard Sri Ajay Kumar Pathak, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record.

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Applicant seeks bail in Case Crime No. 277 of 2025, under Section 109(1) of B.N.S., Police Station Sasni, District Hathras, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Safaruddin Alias S.K. has already been enlarged on bail by the same Bench of this Court vide order dated 19.09.2025 passed in Criminal Misc. Bail Application No. 32330 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 22.07.2025. The criminal history assigned to the applicant has been explained. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

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The prayer for bail has been vehemently opposed by learned State Law Officer. However, the aforesaid factual aspects of parity to the co-accused have not been disputed by him.

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

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BAIL No. 32606 of 2025

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2

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(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.

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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.

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Let the applicant- Nanak Chand @ Manoj Kumar , 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.

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i) The applicant shall not tamper with the evidence during trial.

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

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iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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(Krishan Pahal,J.)

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September 23, 2025

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Sumit S

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

Nanak Chand Alias Manoj Kumar v. State of U.P.

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Nanak Chand Alias Manoj Kumar v. State of U.P.

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