Allahabad High Court
SHAILENDRA KUMAR SAHNIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a similarly placed co‑accused.
Summary
The Allahabad High Court considered a bail application filed by Shailendra Kumar Sahni, who was arrested in connection with a case involving offences under Sections 142, 70(2), 61(2), 123 of the IPC and Sections 5G/6 of the POCSO Act. The applicant argued that a co‑accused, Anurag Rai, who faced identical charges, had been granted bail, and therefore, on the principle of parity, he should also be released. The State opposed the bail but did not dispute the factual similarity between the accused. The Court examined the material on record, noted the lack of any criminal history for the applicant, and found that the parity argument was persuasive. Consequently, the Court allowed the bail application, directing the applicant to furnish a personal bond and two sureties, with standard conditions of non‑tampering with evidence and appearance before the trial court.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences alleged under the IPC and POCSO Act
- Whether the principle of parity with a similarly placed co‑accused who was granted bail warrants the grant of bail to the applicant
Legislation cited
- Indian Penal Code — s. 123, 142, 61(2), 70(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 5G, 6
Subjects
- bail
- parity principle
- POCSO Act
- IPC
- criminal procedure
- surety
- non‑tampering condition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13940 of 2026
Shailendra Kumar Sahni
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Karunesh Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.78 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the
informant has been served on 24.04.2026.
2. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri
Sunil Kumar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.10 of 2026, under Sections 142,
70(2), 61(2), 123 BNS and Section 5G/6 POCSO Act, 2012, Police Station
Gorakhnath, District Gorakhpur, during the pendency of trial.
4. Learned counsel submits that similarly placed co-accused, Anurag Rai,
has been granted bail by this Court vide order dated 17.04.2026 in Criminal
Misc. Bail Application No.12848 of 2026, hence, the applicant, having an
identical role and no criminal history, is entitled to bail on parity. He is in
jail since 17.02.2026 and will not misuse the liberty of bail.
5. The 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
been disputed by him.
6. After hearing learned counsel for the parties and taking into consideration
that the similarly placed co-accused has been enlarged on bail, 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.
BAIL No. 13940 of 2026
2
7. Let the applicant- Shailendra Kumar Sahni, be released on bail on
furnishing a personal bond and two sureties to the satisfaction of the court
concerned, subject to verification of sureties, with the conditions that he
shall not tamper with evidence or intimidate witnesses and shall appear
before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 6, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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