Allahabad High Court
SHIVNANDAN ALIAS ADITYA MISHRA ALIAS ALOK PANDITversusSTATE 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 situated co‑accused.
Summary
The High Court considered a bail application filed by Shivnandan alias Aditya Mishra alias Alok Pandit, who was in custody since 26 January 2026 for offences under Sections 123, 142, 61(2), 70(2) of the Indian Penal Code and Sections 5G/6 of the POCSO Act. The applicant argued that a co‑accused, Anurag Rai, had been granted bail in a similar case, and therefore, on the principle of parity, he should also be released. The State opposed the bail but did not dispute the factual similarity with the co‑accused. Relying on the precedent of Nanha S/o Nabhan Kha vs State of U.P. and Supreme Court decisions in Paras Ram Vishnoi vs CBI and Satender Kumar Antil vs CBI, the Court held that the applicant had satisfied the criteria for bail. Consequently, the Court ordered his release on personal bond and two sureties, subject to standard conditions and the possibility of cancellation for breach.
Issues considered
- Whether bail should be granted to the applicant despite the serious nature of the offences alleged under the IPC and POCSO Act.
- Whether the principle of parity with a co‑accused who was granted bail applies in this case.
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.
Legislation cited
- Indian Penal Code — s. 123, 142, 61(2), 70(2)
- Protection of Children from Sexual Offences Act — s. 5G, 6
Subjects
- bail
- parity
- Indian Penal Code
- POCSO Act
- criminal procedure
- co‑accused
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15297 of 2026
Shivnandan Alias Aditya Mishra Alias Alok Pandit
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Chand, Balram Jee Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.37 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the
informant has been served on 24.4.2026, but none appeared on behalf of the
informant, even in the revised list.
2. Heard Sri Balram Jee Verma, learned counsel for the applicant, Sri Arun
Kumar Mishra, 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 123,
142, 61(2), 70(2) BNS and 5G/6 POCSO Act, 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 17.4.2026 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 26.1.2026 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. Considering the facts and circumstances of the case 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
BAIL No. 15297 of 2026
2
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation,
MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central
Bureau of Investigation and Another, (2022) 10 SCC 51, 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- Shivnandan Alias Aditya Mishra Alias Alok Pandit,
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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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