Allowed

Bharat v. State of U.P.

Allahabad HC16 Oct 2025BAIL/36473/2025

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a criminal case under BNSS, granting bail on the ground of parity with a co-accused who had already been released on bail. The court imposed standard conditions regarding evidence and witness intimidation.

What did the court decide?

Bail granted subject to furnishing a personal bond and two sureties, and complying with conditions against tampering with evidence or intimidating witnesses.

Bharat Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 36473 of 2025

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Bharat

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.....Applicant(s)

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Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Mahipal Singh
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.

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Heard Sri Mahipal Singh, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.235 of 2025, under Sections 103(1), 61(2) B.N.S., Police Station Hathras Gate, 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 Abhishek has already been enlarged on bail by this Court vide order dated 13.10.2025 passed in Criminal Misc. Bail Application No.33707 of 2025, as such, since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is no criminal history of the applicant. He is languishing in jail since 20.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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

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Considering the facts and circumstances of the case and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of

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BAIL No. 36473 of 2025

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U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another , (2022) 10 SCC 51 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

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Let the applicant- Bharat , 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 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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October 17, 2025

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(Ravi Kant)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Bharat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bharat v. State of U.P.

Case brief

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