Khaleel vs State Of U.P.

2. Heard Shri Shams Uz Zaman, learned counsel for the applicant as well as Shri Sunil Kumar, learned A.G.A. for the State and perused the record.

3. Applicant seeks bail in Case Crime No. 209 of 2025, under Sections 87, 137(2), 70(1) BNS, Police Station Dilari, District Moradabad, during the pendency of trial.

4. It is submitted by learned counsel for the applicant that co-accused person, Ismail, has already been enlarged on bail vide order dated 12.1.2026 by the Court of Additional District & Sessions Judge, Court No.1, Moradabad. He further submitted that since the role of the applicant is at a better footing 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. The applicant is languishing in jail since 28.3.2026 having no criminal history.

5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him.

6. Considering the facts and circumstances of the case and the fact that the co-accused has already been enlarged on bail and the case of the applicant is at a better footing to that of the co-accused person, 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.

7. Let the applicant- Khaleel, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

10. 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 on the testimony of the witnesses.

(Krishan Pahal,J.)

May 6, 2026

Shalini