Allahabad High Court
ASHRAFversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore granted bail.
Summary
The applicant, Ashraf, sought bail in a criminal case (Crime No. 427 of 2023) under Sections 4 and 5 of the Explosives Substance Act. The court noted that the applicant’s criminal history had been explained and that a co‑accused, Naushad, had already been released on bail in a similar case. Relying on the principle that an accused cannot be detained solely because of past offences, the court found that the applicant had made out a case for bail. Without expressing any view on the merits of the underlying offence, the court granted bail on the ground of parity with the co‑accused. The bail was conditioned on a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether bail should be granted to the accused under Sections 4/5 of the Explosives Substance Act despite his criminal antecedents
- Whether parity with a similarly situated co‑accused who was released on bail warrants granting bail
Legislation cited
- Explosives Substance Act — s. 4, 5
Subjects
- bail
- Explosives Substance Act
- criminal antecedents
- parity
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29922 of 2026
Ashraf
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Atmaram Nadiwal, Babit Kumar,
Yadvendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 179 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Yadvendra Singh, learned counsel for the applicant, Sri A.K.
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.427 of 2023, under Sections 4/5 of
The Explosives Substance Act, Police Station Chharra, District Aligarh,
during the pendency of trial.
4. The criminal history assigned to the applicant has been explained.
5. 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
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
6. 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 Naushad has already
been enlarged on bail by this Court vide order dated 17.8.2026 passed in
Criminal Misc. Bail Application No. 28704 of 2026, and without expressing
any opinion on the merits of the case, prima facie the Court is of the view
BAIL No. 29922 of 2026
2
that the applicant has made out a case for bail. Accordingly, the bail
application is allowed on the ground of parity.
7. Let the applicant- Ashraf, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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