BAIL/39126/2025 of PARVEZ Vs STATE OF U.P. on 4 May 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39126 of 2025 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard Sri Mohd. Irfan, learned counsel for the applicant and learned AGA for the State-respondent. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 423 of 2025, under Sections 303(2), 317(2) BNS, 2023, Police Station Meerganj, District Bareilly, during pendency of the trial. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter on the basis of suspicion and the entire allegation levelled against the applicant is totally false and he is innocent. Learned counsel further submitted that however, apart from the present case, applicant is having criminal history of five other cases but his criminal history has been explained in the instant bail application in para '9', in which, the applicant has already been released in all the cases on bail. Applicant is in jail in the present matter since 07.08.2025. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Having heard counsel for the parties and having perused the record this Court prima facie finds that a vague and general role has been assigned to the applicant and applicant has been implicated in the present case on the basis of suspicion, as per argument of the learned counsel for the applicant. At this stage there is no substantive evidence to link the applicant with the offence. Further, the applicant has remained confined for approximately nine months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either Versus Counsel for Applicant(s) : Mohd. Irfan, Pradeep Saxena, Ram Naresh Maurya Counsel for Opposite Party(s) : G.A. Parvez .....Applicant(s) State of U.P. .....Opposite Party(s)

tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Bail Application is allowed. Let the applicant-Parvej, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 5, 2026 Brijesh BAIL No. 39126 of 2025 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad