Allahabad High Court
RAMKAILASHversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail as the case is fit for bail, considering parity with the co‑accused and the overall circumstances.
Summary
The High Court considered the bail application of Ramkailash, who is accused under IPC sections 419, 420, 467, 468 and 471 in a case registered in 2017. The applicant claimed innocence, stating he was only a witness to a sale agreement and that a co‑accused had already been granted bail, invoking parity. The State opposed bail but did not refute the applicant’s claim of lack of involvement. After reviewing the facts, the nature of the allegations, the period of custody and the gravity of the offences, the Court, without expressing an opinion on the merits, found the case fit for bail. Consequently, the Court ordered the release of the applicant on personal bond and sureties, subject to conditions to prevent evidence tampering, intimidation of witnesses, and further offences. The bail may be cancelled if any condition is breached.
Issues considered
- Whether the accused is entitled to bail despite the seriousness of the IPC offences alleged.
- Whether the grant of bail to a co‑accused creates a parity ground for granting bail to the applicant.
- Whether the conditions of custody, nature of the allegations and risk of tampering justify bail.
Legislation cited
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- bail
- IPC sections 419 420 467 468 471
- parity
- witness tampering
- pre‑trial detention
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28343 of 2026
Ramkailash
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahesh Kumar
Counsel for Opposite Party(s) : Chitrakul Vipinam Vasudev, G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Counter affidavit has been filed today in the Court by learned counsel
for the opposite party. The same is taken on record.
2. Heard learned counsel for the applicant, learned counsel for opposite
party, learned A.G.A for the State and perused the record.
3. The applicant is involved in Case Crime No. 0098 of 2017 under
Sections 419, 420, 467, 468, 471 I.P.C., Police Station -Pipari District -
Kaushambi.
4. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. The present applicant
was a witness to the execution of the aforesaid agreement to sell. It is also
submitted that applicant is having no concern with the allegations levelled
against him and he has not committed any offence as alleged by
prosecution. The charge-sheet has already been filed. It is next submitted
that the co-accused Baljeet @ Rahul has already been granted bail by
this Court vide order dated 01.09.2026 passed in Criminal Misc. Bail
Application No.28355 of 2026. The applicant's case is identical to the
co-accused and he is also entitled to bail on the ground of parity. The
applicant is in jail since 16.07.2026. Learned counsel for the applicant
has further submitted that if the applicant is released on bail, the applicant
would not misuse liberty of bail and is ready to co-operate in the trial.
5. Learned A.G.A. opposed the prayer for bail but could not dispute the
BAIL No. 28343 of 2026
2
aforesaid fact as argued by learned counsel for the applicant.
6. Considering the submission of learned counsel for the parties, facts of
the case, nature of allegation and period of custody, gravity of offence,
without expressing any opinion on the merits of the case, the Court is of
the opinion that it is a fit case for bail. Hence, the bail application is
hereby allowed.
7. Let the applicant - Ramkailash involved in the aforesaid case be
released on bail on furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to
following conditions:
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
8. In case of breach of any of the above conditions, the court below shall
be at liberty to cancel the bail.
(Jai Prakash Tiwari,J.)
September 8, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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