Allahabad High Court
MOHAN LALversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that the applicant is entitled to bail on the ground of parity with a co‑accused already released, without expressing any opinion on the merits of the case.
Summary
Mohan Lal, accused in a land‑dispute case (Crime No. 305 of 2025) involving offences under Sections 115(2), 352, 351(3), 191(2), 191(3), 190 and 109 of the IPC, applied for bail for the third time. He claimed false implication and pointed out that a co‑accused, Hetram, had already been released on bail, seeking parity. The State opposed the bail but did not dispute the factual background. The Court, considering the nature of the offences, the evidence, and the fact that a co‑accused had been granted bail, decided to enlarge bail on the ground of parity without commenting on the merits. The Court ordered his release on personal bond with two sureties, subject to conditions of trial attendance, non‑tampering with witnesses, and no illegal activity.
Issues considered
- Whether bail can be granted to the accused on the ground of parity with a co‑accused already released on bail
- Whether the nature of the offences and the evidence against the accused preclude bail
Legislation cited
- Indian Penal Code — s. 109, 115(2), 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- parity
- Indian Penal Code
- criminal trial
- co‑accused
- false implication
- land dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31304 of 2026
Mohan Lal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Hardev Prajapati
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.
2. This is the third bail application of the applicant. The earlier two bail
applications of the applicant were dismissed and withdrawn by this Court,
vide orders dated 28.4.2026 and 21.7.2026 respectively passed in
Criminal Misc. Bail Application Nos. 10625 of 2026 and 21268 of 2026.
3. By means of this application, the applicant who is involved in Case
Crime No. 305 of 2025, under Sections 115(2), 352, 351(3), 191(2),
191(3), 190 and 109 B.N.S., P.S. Sikandarpur Vaishya, District-Kasganj
and is in jail since 30.11.2025, is seeking enlargement on bail during the
trial.
4. Learned counsel for accused-applicant, while pressing the bail
application, submits that the accused-applicant has been falsely
implicated in the instant case and has not committed any offence, as
alleged by the prosecution. It is next submitted that, the first information
report was registered against 37 named accused persons and 50 to 60
unknown male and female persons of both sides, as they were fighting
over a land dispute. About eleven persons got injured and the injuries
caused from both the sides are simple in nature. He also submitted, that
similarly placed other co-accused Hetram has already been enlarged on
bail by this Court, vide order dated 6.4.2026 passed in Criminal Misc.
Bail Application No. 4210 of 2026, copy whereof has been filed at page
No. 83 of the bail application. He further submitted that since the role of
the applicant is similar to that of aforesaid co-accused Hetram, who has
BAIL No. 31304 of 2026
2
already been enlarged on bail, he is also entitled to be enlarged on bail on
the ground of parity.
5. The prayer for bail has vehemently been opposed by learned A.G.A.
However, the aforesaid factual aspect of the matter has not been disputed
by him.
6. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, submissions of learned counsel for
the parties and considering that other co-accused has been granted bail by
coordinate Bench of this Court; without expressing any opinion on the
merits of the case, this Court is of the view that the applicant is entitled to
be enlarged on bail on the ground of parity during the pendency of the
trial.
7. Let the applicant Mohan Lal involved in the aforesaid case be released
on bail on his executing a personal bond and furnishing two sureties each
in the like amount to the satisfaction of the court concerned subject to the
following conditions:-
i. The applicant will continue to attend and co-operate in the trial pending
before the court concerned on the date fixed after release.
ii. He will not tamper with the witnesses.
iii. He will not indulge in any illegal activities during the bail period.
8. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
9. In case of breach of any of the above conditions, the trial court will be
at liberty to cancel the bail.
(Harvir Singh,J.)
September 8, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
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