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

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

What the court decided

AI extract

Outcome

Applicant Adeep Pathak 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, with sureties to be verified before issuance of the release order, subject to conditions that he shall not tamper with evidence during trial, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Adeep Pathak, whose role is stated to be identical to that of co-accused Ghanshyam Pathak (already enlarged on bail), is entitled to bail in Case Crime No.0111 of 2025 on the ground of parity.

Court's answer

Considering the facts and circumstances of the case and in light of the judgements in Nanha S/o Nabhan Kha, Paras Ram Vishnoi and Satender Kumar Antil, the Court held that the applicant has made out a case for bail and allowed the bail application on the ground of parity.

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 ground of parity — applicant sought bail in Case Crime No.0111 of 2025 under Sections 61(2), 103(1), 3(5) B.N.S., Police Station Tejibajar, District Jaunpur — role of applicant stated to be identical to that of co-accused Ghanshyam Pathak, already enlarged on bail by the High Court on 09.12.2025 in Criminal Misc. Bail Application No.42205 of 2025 — parity not disputed by the State — applicant in custody since 11.07.2025 with no criminal history — Court, considering Nanha S/o Nabhan Kha vs. State of U.P. (1993 Crl.L.J. 938), Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil ((2022) 10 SCC 51), held that the applicant had made out a case for bail and allowed the application on parity — release directed on personal bond with two sureties, subject to conditions against tampering with evidence and pressurising witnesses and requiring appearance before the trial court — observations in the bail order not to affect the trial judge's independent opinion.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 42409 of 2025

Adeep Pathak

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Vivek Kumar Tiwari
Counsel for Opposite Party(s)	:	G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Vivek Kumar Tiwari, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.0111 of 2025, under Sections 61(2), 103(1), 3(5) B.N.S., Police Station Tejibajar, District Jaunpur, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person Ghanshyam Pathak has already been enlarged on bail by this Court vide order dated 09.12.2025 passed in Criminal Misc. Bail Application No.42205 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 11.07.2025. 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 State Law Officer. 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

BAIL No. 42409 of 2025

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judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of 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- Adeep 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 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.)

December 10, 2025 (Ravi Kant)

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