Allahabad High Court
SAGARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a similarly placed co‑accused.
Summary
The High Court of Allahabad considered the bail application of Sagar, accused in Crime No. 169 of 2025 under Sections 70(2) and 351(2) of the Indian Penal Code and Sections 5g/6 of the POCSO Act. Sagar argued that a co‑accused, Pankaj, who was similarly situated, had already been released on bail, and therefore parity demanded the same relief. The State and the informant opposed bail, but did not dispute the factual similarity with the co‑accused. The Court held that an accused cannot be detained solely because of past criminal history when the bail criteria are otherwise satisfied, and that the parity argument was persuasive. Consequently, the Court granted bail on the condition of a personal bond, two sureties, and standard undertakings not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused despite the nature of the offences under the IPC and POCSO Act.
- Whether the principle of parity with a co‑accused who was granted bail mandates the same relief.
- Whether the accused’s criminal antecedents preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 351(2), 70(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 5g, 6
Subjects
- bail
- parity
- criminal antecedents
- POCSO Act
- Indian Penal Code
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27916 of 2025
Sagar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Singh Dahiya
Counsel for Opposite Party(s) : G.A., Yogesh Kumar Mishra
Court No. - 65
(Sr. No.64 out of 243)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Rahul Singh Dahiya, learned counsel for the applicant, Sri
Yogesh Kumar Mishra, learned counsel for the informant, Sri Rajendra
Prasad Singh, learned State Law Officer for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No.169 of 2025, under Sections 70(2),
351(2) BNS and Section 5g/6 POCSO Act, Police Station Shikarpur, District
Bulandshahr, during the pendency of trial.
4. Learned counsel submits that similarly placed co-accused, Pankaj, has
been granted bail by this Court vide order dated 21.04.2026 in Criminal
Misc. Bail Application No.42921 of 2025, hence, the applicant, having an
identical role, is entitled to bail on parity. The criminal history assigned to
the applicant stands explained. He is in jail since 23.05.2025 and will not
misuse the liberty of bail.
5. The prayer for bail has been vehemently opposed by learned counsel for
the informant and learned State Law Officer. However, the aforesaid factual
aspect of the parity to the co-accused has not been disputed by them.
6. This Court is of the view that if a case for bail is otherwise made out, an
accused cannot be kept incarcerated solely on account of his criminal
BAIL No. 27916 of 2025
2
antecedents. In the instant case, the criminal history attributed to the
applicant has been properly explained.
7. After hearing learned counsel for the parties and taking into consideration
that the similarly placed co-accused has been enlarged on bail, the Court is
of the view that the applicant has made out a case for bail. The bail
application is allowed on the ground of parity.
8. Let the applicant- Sagar, 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.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 12, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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