Allahabad High Court
KHALEELversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with the co‑accused.
Summary
The applicant, Khaleur, sought bail in a criminal case (Crime No. 209 of 2025) charged under Sections 87, 137(2) and 70(1) BNS of the Criminal Procedure Code. He argued that a co‑accused, Ismail, had already been released on bail, and therefore, on the principle of parity and his clean criminal record, he should also be granted bail. The State opposed the bail but did not dispute the facts of parity or the applicant’s lack of prior convictions. The Court, after considering these circumstances, found that the applicant had made out a case for bail and granted it on the ground of parity, subject to a personal bond, sureties and conditions such as not tampering with evidence and appearing before the trial court on specified dates. The order also allowed the prosecution to move for bail cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the applicant on the ground of parity with a co‑accused who is already on bail
- Whether the applicant’s lack of criminal history and the nature of the charges justify bail under Sections 87, 137(2) and 70(1) BNS of the Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 137(2), 70(1) BNS, 87
Subjects
- bail
- parity principle
- co‑accused
- Criminal Procedure Code
- no criminal history
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15365 of 2026
Khaleel
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Quasim Khan, Shams Uz Zaman
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sl. No.55 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
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
BAIL No. 15365 of 2026
2
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
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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