Pankaj Pathak vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Pankaj Pathak vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Pankaj Pathak on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before the trial court on dates fixed), with sureties to be verified before issuance of the release order; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, Pankaj Pathak, arraigned in Sessions Trial No. 428 of 2024 (arising out of Case Crime No. 101 of 2022 under Sections 147, 148, 149, 302, 307, 323, 452, 504, 506 IPC, PS Rampur Karkhana, District Deoria), is entitled to be enlarged on bail during the pendency of trial on the ground of parity with co-accused Abhishek Pathak, who has already been enlarged on bail, the applicant being in custody since 12.04.2022 with no criminal history.

Court's answer

Without expressing any opinion on the merits, the Court held that the applicant is entitled to be released on bail, and allowed the bail application on the ground of parity, relying on Nanha (1993 Crl.L.J. 938), Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil ((2022) 10 SCC 51).

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, subject to conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) appearance before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail; sureties to be verified before issuance of the release order.

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¶21

Detailed headnote1 paragraphs

Bail — grant on parity — applicant in custody since 12.04.2022 with no criminal history; similarly placed co-accused Abhishek Pathak already enlarged on bail by coordinate Bench of the Allahabad High Court vide order dated 19.11.2024 in Criminal Misc. Bail Application No. 1673 of 2023; charges under Sections 147, 148, 149, 302, 307, 323, 452, 504, 506 IPC in Sessions Trial No. 428 of 2024 arising out of Case Crime No. 101 of 2022, PS Rampur Karkhana, District Deoria; bail allowed without expressing opinion on merits, relying on 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) 10 SCC 51); release on personal bond and two sureties each in like amount, subject to standard conditions; observations not to affect the trial court's independent assessment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 34930 of 2025

Pankaj Pathak

				.....Applicant(s)
		Versus
State of U.P.				.....Opposite Party(s)
Counsel for Applicant(s)	:	Manish Tripathi	Mani,	Vishveshwar Mani
Counsel for Opposite Party(s)	:	G.A.
Court No.- 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Rahul Kumar Pandey, Advocate holding brief of Sri Manish Mani, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Sessions Trial No. 428 of 2024 arising out of Case Crime No. 101 of 2022, under Sections 147, 148, 149, 302, 307, 323, 452, 504, 506 of I.P.C., Police Station - Rampur Karkhana, District - Deoria, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Abhishek Pathak, has already been enlarged on bail by coordinate Bench of this Court vide order dated 19.11.2024 passed in Criminal Misc. Bail Application No. 1673 of 2023. 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 12.04.2022, 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..

BAIL No. 34930 of 2025

2

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. 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- Pankaj Pathak , 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.)

October 10, 2025 Siddhant

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