Rehan Ali and Another v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33440 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Mohd. Faiz, Advocate holding brief of Sri Irshad Ahmad, learned counsel for the applicants, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.

¶3Applicants seek bail in Case Crime No.334 of 2024, under Sections 191(2), 191(3), 190, 221, 132, 121(1), 121(2), 109(1), 125, 223(B) B.N.S., 2023, Police Station Kotwali Sambhal, District Sambhal, during the pendency of trial.

¶4It is submitted by learned counsel for the applicants that similarly placed co-accused person Yameen has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 21.8.2025 passed in Criminal Misc. Bail Application No.17678 of 2025, as such, since the role of the applicants is identical to that of co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. In all, four cases have been foisted on the applicants at a go. They are languishing in jail since 24.11.2024. In case, the applicants are released on bail, they will not misuse the liberty of bail.

¶5The 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. Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Rehan Ali And Another .....Applicant(s) State of U.P. .....Opposite Party(s)

¶6The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another,

(2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, this Court is of the view that the applicants have 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 applicants-Rehan Ali and Salman, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial.

(ii) The applicants shall not pressurise/intimidate with the prosecution witnesses.

(iii) The applicants 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 applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. September 26, 2025 (Ravi Kant) BAIL No. 33440 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad