Allahabad High Court
KISANPAL ALIAS KUSHANPALversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant on the ground of parity with the co‑accused.
Summary
Kisanpal alias Kushanpal applied for bail in a criminal case (Crime No. 136 of 2026) involving offences under several sections of the BNS and the Arms Act. The High Court examined the facts, the evidence, and the submissions of counsel, noting that a co‑accused, Manoj, had already been granted bail in a similar case. The court considered the applicant's criminal history and found that he had made out a prima facie case for bail. On the ground of parity with the co‑accused, the court ordered his release on bail upon furnishing a personal bond and two sureties, subject to conditions not to tamper with evidence or intimidate witnesses. The court warned that breach of any condition would lead to cancellation of bail, and the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the listed sections of the BNS and the Arms Act during the pendency of trial
- Whether the grant of bail to a co‑accused (Manoj) creates a parity ground for granting bail to the applicant
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- parity
- sureties
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27491 of 2026
Kisanpal Alias Kushanpal
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mohd Adil, Tarun Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 75 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Tarun Pratap Singh, 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. 136 of 2026, under Sections 109(1), 3(5),
190(1), 191(2), 191(3) of BNS, Sections 3/25(1-B)(a) and 27 of Arms Act, Police
Station - Islam Nagar, District - Budaun, 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, Manoj, has already been enlarged on bail by
this Court vide order dated 21.07.2026 passed in Criminal Misc. Bail Application No.
24742 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- Kisanpal Alias Kushanpal, 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 17, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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