Allahabad High Court
AJAY SINGHversusSTATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME GOV. OF U.P. AT LUCKNOW AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity, subject to conditions.
Summary
Ajay Singh applied for bail in a case (Crime No. 76 of 2025) involving charges under Sections 61(2) and 99 of the BNS Act, Sections 3 to 7 of the Immoral Traffic (Prevention) Act, and Sections 16 and 17 of the POCSO Act. The High Court considered the facts, the evidence, and the submissions of counsel, noting that a co‑accused, Anil Kumar, had already been granted bail in a similar case. The court observed that the applicant's criminal history was explained and that, on a prima facie basis, he had made out a case for bail. Accordingly, the court allowed the bail application on the ground of parity, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The bail may be cancelled if any condition is breached, and the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the BNS Act, Immoral Traffic (Prevention) Act and POCSO Act during the pendency of trial
- Whether the principle of parity with a co‑accused previously released on bail warrants granting bail in the present case
Legislation cited
- BNS Act — s. 61(2), 99
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6, 7
- Protection of Children from Sexual Offences (POCSO) Act — s. 16, 17
Subjects
- bail
- parity
- co‑accused
- Immoral Traffic (Prevention) Act
- POCSO Act
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23557 of 2026
Ajay Singh
.....Applicant(s)
Versus
State Of U.P. Through Principal Secretary Home Gov. Of
U.P. At Lucknow And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Dwijendra Prasad
Counsel for Opposite Party(s) : Akshay Upadhyay, G.A., Khwaja Shamshad
Ahmad
Court No. - 68
(Sl. No. 38 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Dwijendra Prasad, learned counsel for the applicant and Sri R.P.
Patel, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 76 of 2025, under Sections 61(2), 99 of
BNS, 3, 4, 5, 6, 7 of Immoral Traffic (Prevention) Act and 16/17 of POCSO Act,
Police Station - Ekta, District - Agra, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsel for the parties, the evidence on record, taking into consideration
that similarly placed co-accused person, Anil Kumar, has already been enlarged on
bail by this Court vide order dated 8.7.2026 passed in Criminal Misc. Bail Application
No. 2042 of 2026 coupled with the fact that criminal history assigned to the applicant
stands explained, this Court prima facie is of the view that the applicant has made out
a case for bail.
5. Accordingly, the bail application is allowed on the ground of parity. Let the
applicant- Ajay Singh, 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.
6. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
September 18, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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