Sushma v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33376 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Anurag Pandey, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

¶3Learned A.G.A. has informed that the notice to the informant has been served on 28.08.2025.

¶4Applicant seeks bail in Case Crime No.438 of 2025, under Sections 137(2), 142, 61(2) B.N.S. and 16/17 POCSO Act, Police Station Kotwali Dehat, District Bulandshahr, during the pendency of trial.

¶5It is submitted by learned counsel for the applicant that similarly placed co-accused person Udaypal has already been enlarged on bail by this Court vide order dated 12.09.2025 passed in Criminal Misc. Bail Application No.31233 of 2025. There is no criminal history of the applicant. The applicant is languishing in jail since 30.07.2025. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity. In case, the applicant is released on bail, she will not misuse the liberty of bail.

¶6The 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 Versus Counsel for Applicant(s) : Anurag Pandey, Sudarshan Singh Counsel for Opposite Party(s) : G.A. Sushma .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) been disputed by him.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in 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 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 Investigationa and Another, 2022 SCC OnLine SC 825, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.

¶8Let the applicant-Sushma, who is involved in aforementioned case crime be released on bail on her 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 pressurize/intimidate with the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It 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. September 26, 2025 (Ravi Kant) BAIL No. 33376 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad