Allahabad High Court
HARUNversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to Harun on the ground of parity with the co‑accused, subject to bond, sureties and standard conditions.
Summary
Harun applied for bail in a criminal case (Crime No. 473 of 2026) charged under Sections 109(1), 3(5) of the BNS and Section 3/11 of the Prevention of Cruelty to Animals Act. The court noted that a co‑accused, Rihan, had already been released on bail in a similar case, and, without delving into the merits, found that Harun had made a prima facie case for bail. Relying on the principle of parity with the co‑accused, the court granted bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses. The order also stipulated that breach of any condition would lead to cancellation of bail. The bail application was therefore allowed.
Issues considered
- Whether Harun is entitled to bail under the charges of Sections 109(1), 3(5) BNS and 3/11 of the Prevention of Cruelty to Animals Act.
- Whether the principle of parity with a co‑accused already on bail warrants granting bail to Harun.
Legislation cited
- BNS — s. 109(1), 3(5)
- Prevention of Cruelty to Animals Act — s. 3/11
Subjects
- bail
- parity
- criminal procedure
- Prevention of Cruelty to Animals Act
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27935 of 2026
Harun
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Imaran Ahmad, Quasim Khan, Shams
Uz Zaman
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 150 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.
2. Heard Sri Mohd. Yasir, learned Advocate holding brief for Sri Shams Uz
Zaman, learned counsel for the applicant, Sri R.M. Yadav, learned A.G.A.
for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.473 of 2026, under Sections
109(1), 3(5) BNS and 3/11 Prevention of Cruelty to Animals Act, Police
Station- Baghpat, District -Baghpat, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused person, Rihan has already been
enlarged on bail by this Court vide order dated 25.8.2026 passed in Criminal
Misc. Bail Application No. 30040 of 2026, 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.
5. Let the applicant- Harun, be released on bail in the aforementioned case
crime on his furnishing a personal bond and two sureties each in the like
amount 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.
BAIL No. 27935 of 2026
2
6. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
Checking your session…