Rahees vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Rahees vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to applicant Rahees on the ground of parity: release 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 that he (i) not tamper with evidence during trial, (ii) not pressurise/intimidate prosecution witnesses, and (iii) appear before the trial court on dates fixed; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Rahees, involved in Case Crime No. 162 of 2025 under Sections 103(1), 61(2) and 238 B.N.S. at Police Station Rajabpur, District Amroha, and in custody since 28.06.2025, is entitled to be enlarged on bail on the ground of parity with co-accused Jarif Ali, who has already been enlarged on bail.

Court's answer

Considering the facts and circumstances of the case, and in light of the judgement of this Court in Nanha S/o Nabhan Kha vs. State of U.P. (1993 Crl.L.J. 938) and the Supreme Court judgments in Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil ((2022) 10 SCC 51), the applicant has made out a case for bail and the bail application is allowed on the ground of parity.

Ratio / Principle

The applicant Rahees 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; before issuing the release order the sureties are to be verified.

Key takeaways

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.obiter¶21

Detailed headnote1 paragraphs

Bail — parity with co-accused — Allahabad High Court (Krishan Pahal, J.) allowed Criminal Misc. Bail Application No. 40357 of 2025 and directed release of applicant Rahees, accused in Case Crime No. 162 of 2025 under Sections 103(1), 61(2) and 238 B.N.S., Police Station Rajabpur, District Amroha, on the ground of parity with similarly placed co-accused Jarif Ali, who had already been enlarged on bail by the same Court vide order dated 13.10.2025 in Criminal Misc. Bail Application No. 35208 of 2025; the parity ground was not disputed by the State. Reliance placed on Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938, and on the Supreme Court judgments in Paras Ram Vishnoi vs. Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil vs. CBI, (2022) 10 SCC 51. Applicant in jail since 28.06.2025 with no criminal history. Release ordered on a personal bond and two sureties each in the like amount, sureties to be verified, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before trial court); breach to be a ground for cancellation; observations not to affect the trial Judge's independent assessment of testimony.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 40357 of 2025

Rahees

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

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Adil Khan, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.162 of 2025, under Sections 103(1), 61(2) and 238 B.N.S., Police Station Rajabpur, District Amroha, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person Jarif Ali has already been enlarged on bail by this Court vide order dated 13.10.2025 passed in Criminal Misc. Bail Application No.35208 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 28.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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

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

BAIL No. 40357 of 2025

2

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.

Let the applicant- Rahees , 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 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.)

November 17, 2025

(Ravi Kant)

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