Pawan Kumar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Pawan Kumar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed: applicant Pawan Kumar to be released on bail in Case Crime No.679 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no inducement/tampering with evidence; sincere cooperation in trial/investigation without adjournments; no criminal activity after release; attendance per bond conditions), breach being a ground for cancellation; verification of identity, status and residence proof of applicant and sureties before acceptance of bonds; release permissible on downloaded copy of the order verified by counsel with undertaking to file certified copy within 15 days; trial court to transmit release order to jail through BOMS; office to send copy of the order to the applicant through the Jail Superintendent via e-mail/e-prison portal in compliance with Policy Strategy for Grant of Bail, In Re:, (2024) 10 SCC 685.

Issue for consideration

Whether the applicant Pawan Kumar is entitled to be released on bail during the trial in Case Crime No.679 of 2025, Police Station Sikandrabad, District Bulandshahr. +1 more

Court's answer

Considering the entire facts and circumstances, the submissions of learned counsel, the enlargement on bail of the similarly situated co-accused, and keeping in view the nature of the offence, evidence and complicity of the accused, and without expressing any opinion on the merits, the applicant is entitled to be enlarged on bail.

Ratio / Principle

The parity of the applicant with co-accused Dhanesh Kumar, who has been enlarged on bail by this Court, was not disputed by the State and weighed in favour of granting bail.

Key takeaways

The applicant Pawan Kumar 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.ratio¶¶15
Bail granted subject to conditions: no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence; sincere cooperation in trial/investigation without seeking adjournments; no indulgence in criminal activity after release; attendance in accordance with bond conditions; breach of any condition shall be a ground for cancellation of bail.ratio¶¶20
Ancillary directions: identity, status and residence proof of the applicant and sureties to be verified by the court concerned before bonds are accepted; release permitted on the basis of the downloaded copy of the order verified by counsel with an undertaking to file the certified copy within 15 days; the trial court shall send the release order to the concerned jail through BOMS; and office to send a copy of the order to the applicant through the Jail Superintendent via e-mail or e-prison portal in compliance with the Apex Court order in Policy Strategy for Grant of Bail, In Re:.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Arun Kumar Singh Deshwal, J.) — Criminal Misc. Bail Application No. 35774 of 2025, decided November 6, 2025: bail granted during trial to applicant Pawan Kumar in Case Crime No.679 of 2025, Police Station Sikandrabad, District Bulandshahr, under Sections 191(2), 191(3), 190, 115(2), 351(2), 352, 109, 117(2) 'IPC' (exactly as printed in the order). Principal ground: parity — the similarly situated co-accused Dhanesh Kumar had been enlarged on bail by the same Court in Criminal Misc. Bail Application No.35797 of 2025 vide order dated 15.10.2025, and the learned A.G.A. could not dispute the parity; charge sheet stood filed and the applicant, stated to have no criminal history, was in jail since 29.08.2025. Release ordered on personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with conditions (no inducement/threat/promise or tampering with evidence; sincere cooperation in trial/investigation without seeking adjournments; no criminal activity after release; attendance per bond), breach of any condition being a ground for cancellation. No opinion expressed on merits. Ancillary directions: verification of identity, status and residence proof of applicant and sureties before bonds accepted; release on downloaded copy of the order verified by counsel with undertaking to file certified copy within 15 days; transmission of release order to jail through Bail Order Management System (BOMS); copy of order to be sent to the applicant through the Jail Superintendent via e-mail/e-prison portal in compliance with the Apex Court order in Policy Strategy for Grant of Bail, In Re:, (2024) 10 SCC 685.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 35774 of 2025

Pawan Kumar

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

Court No. - 69

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri Raghuvansh Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.679 of 2025, under Sections 191(2), 191(3), 190, 115(2), 351(2), 352, 109, 117(2) IPC, Police StationSikandrabad, District Bulandshahr.

Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. He further submitted that co-accused Dhanesh Kumar, having similar role to that of the applicant, has been enlarged on bail by this Court in Criminal Misc. Bail Application No.35797 of 2025 vide order dated 15.10.2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. He further submitted that the applicant has no criminal history and he is languishing in jail since 29.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not dispute the parity of the applicant with co-accused Dhanesh Kumar, who has been enlarged on bail by this Court.

Thus, considering the entire facts and circumstances of the case,

BAIL No. 35774 of 2025

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submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been enlarged on bail and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Pawan Kumar involved in the aforementioned 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, with the following conditions:-

i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

BAIL No. 35774 of 2025

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 .

(Arun Kumar Singh Deshwal,J.)

November 6, 2025 A.Kr.

Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad