Allahabad High Court
RAMESHVAR DAYALversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the condition of a personal bond, two sureties, and compliance with standard bail conditions.
Summary
The applicant, Rameshvar Dayal, was charged in Crime No. 0146 of 2026 under multiple sections of the BNS and the Arms Act. He applied for bail during the pendency of trial, submitting two supplementary affidavits. The court examined the facts, the evidence, and the submissions of counsel, noting that a co‑accused, Ramautar, had already been released on bail in a similar case. Considering the applicant's criminal history and the principle of parity with the co‑accused, the court found a prima facie case for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses, with cancellation upon breach.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences charged under the BNS and Arms Act.
- Whether parity with a co‑accused who was previously granted bail justifies granting bail to the applicant.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- parity
- sureties
- non-bailable offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26143 of 2026
Rameshvar Dayal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Srivastava, Bhaju Ram
Pprasad Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 65 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Two supplementary affidavits filed today by
learned counsel for the applicant are taken on record.
2. Heard Sri Arvind Kumar Srivastava, learned counsel for the applicant and
Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 0146 of 2026, under Sections
324(4), 109(1), 115(2), 352, 351(3), 191(2), 191(3), 190, 61(2) of BNS and
3/25/27/30 of Arms Act, Police Station - Khutar, District - Shahjahanpur,
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, Ramautar, has already
been enlarged on bail by this Court vide order dated 7.8.2026 passed in
Criminal Misc. Bail Application No. 26377 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- Rameshvar Dayal, 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
BAIL No. 26143 of 2026
2
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 17, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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