Allahabad High Court
AAZAD RAJPOOTversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with the co‑accused.
Summary
Aazad Rajpoot applied for bail in a criminal case (Crime No.90 of 2026) charged under Sections 152, 61(2) of the B.N.S. and Sections 3 and 5 of the Official Secret Act, 1923. The application was heard by the Allahabad High Court, which noted that a co‑accused, Ajeem Rana, had already been released on bail in a similar case. Relying on the principle of parity and without delving into the merits, the court found that the applicant had made out a case for bail. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear as required. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Sections 152, 61(2) of the B.N.S. and Sections 3/5 of the Official Secret Act, 1923 during the pendency of trial
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the applicant
Legislation cited
- Official Secret Act, 1923 — s. 3, 5
Subjects
- bail
- parity
- Official Secret Act
- criminal procedure
- co‑accused
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27039 of 2026
Aazad Rajpoot
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Abhishek, Ankush Sharma, Mukesh Singh,
Sheshadri Trivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.125 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sheshadri Trivedi, learned counsel for the applicant, Sri R.P. Patel,
learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.90 of 2026, under Sections 152, 61(2)
B.N.S. and 3/5 Official Secret Act, 1923, Police Station Dhaulana, District Hapur,
during the pendency of trial.
4. The criminal history of two cases assigned to the applicant stands explained.
5. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Ajeem Rana has already been enlarged on bail by
this Court vide order dated 07.08.2026 passed in Criminal Misc. Bail Application
No.27635 of 2026, and without expressing any opinion on the merits of the case,
prima facie the Court is of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed on the ground of parity.
6. Let the applicant- Aazad Rajpoot, be released on bail in the aforementioned case
crime 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.
7. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 21, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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