Allahabad High Court
VIMLESH KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with the co‑accused.
Summary
Vimlesh Kumar, arrested in Crime No.216 of 2024 under IPC sections 70(2), 76, 351(3), 352 and POCSO Act sections 5G/6, applied for bail while the trial is pending. He has been in custody since 1 December 2024 and has no prior criminal record. The applicant argued that a co‑accused, Suraj @ Ravi Pasi, who faced identical charges, was granted bail on 16 April 2026, and therefore parity demands the same relief. The Additional Government Advocate opposed bail but did not dispute the parity claim. Relying on the precedent of Nanha S/o Nabhan Kha vs State of U.P. (1993) and Supreme Court decisions in Paras Ram Vishnoi vs CBI (2021) and Satender Kumar Antil vs CBI (2022), the Court held that the applicant satisfied the criteria for bail. Accordingly, bail was granted on the condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether bail should be granted to the applicant on the ground of parity with a co‑accused who was released on bail.
- Whether the nature of the offences and the applicant’s clean record justify bail during trial.
Legislation cited
- Indian Penal Code — s. 351(3), 352, 70(2), 76
- Protection of Children from Sexual Offences Act — s. 5G, 6
Subjects
- bail
- parity principle
- IPC
- POCSO Act
- co‑accused
- criminal procedure
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31161 of 2025
Vimlesh Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Mohan Rai, Ashish Somvanshi,
Indrajeet Kumar Shukla, Kaushal
Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.151 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that the notice to the
informant has been served on 12.09.2025.
2. Heard Sri Indrajeet Kumar Shukla, learned counsel for the applicant, Sri
Ram Mohit Yadav, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.216 of 2024, under Sections 70(2),
76, 351(3), 352 BNS and 5G/6 POCSO Act, Police Station Bhawarkol,
District Ghazipur, during the pendency of trial.
4. Learned counsel submits that similarly placed co-accused, Suraj @ Ravi
Pasi, has been granted bail by this Court vide order dated 16.04.2026 in
Criminal Misc. Bail Application No.24606 of 2025, hence, the applicant,
having an identical role and no criminal history, is entitled to bail on parity.
He is in jail since 01.12.2024 and will not misuse the liberty of bail.
5. The prayer for bail has been vehemently opposed by learned A.G.A.
However, the aforesaid factual aspect of the parity to the co-accused has not
been disputed by him.
6. Considering the facts and circumstances of the case and in light of the
judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of
BAIL No. 31161 of 2025
2
U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation,
MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central
Bureau of Investigation and Another, (2022) 10 SCC 51, 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.
7. Let the applicant- Vimlesh Kumar, 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.)
April 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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