Allahabad High Court
AJEET SHARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted on the ground of parity with a similarly situated co‑accused who had already been released on bail.
Summary
The High Court considered a bail application filed by Ajeet Sharma, who was arrested in connection with offences under Sections 70(2) and 351(3) of the IPC and Sections 5G/6 of the POCSO Act. The applicant argued that a co‑accused, Riyaz Ansari, in an identical case had been granted bail, and therefore parity demanded the same relief. The State opposed the bail but did not dispute the factual similarity. Relying on the precedent of Nanha S/o Nabhan Kha v. State of U.P. and Supreme Court decisions in Paras Ram Vishnoi and Satender Kumar Antil, the Court held that the applicant satisfied the criteria for bail. Consequently, the Court ordered his release on personal bond and two sureties, subject to standard conditions, and warned that breach would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Sections 70(2), 351(3) IPC and Sections 5G/6 POCSO Act during the pendency of trial.
- Whether the principle of parity with a similarly situated co‑accused who was granted bail warrants granting bail to the applicant.
- Whether the nature of the alleged offences and the applicant’s lack of prior criminal history justify bail.
Legislation cited
- Indian Penal Code — s. 351(3), 70(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 5G, 6
Subjects
- bail
- parity
- IPC
- POCSO Act
- co‑accused
- trial
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31386 of 2025
Ajeet Sharma
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Prayageshwar Kumar Upadhyay, Ankit
Srivastava, Rajeev Trivedi
Counsel for Opposite Party(s) : Chandan Kumar Chaturvedi, G.A.
Court No. - 65
(Sr. No.153 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned State Law Officer has informed that the
notice to the informant has been served on 03.09.2025.
2. Heard Sri Prayageshwar Kumar Upadhyay, learned counsel for the
applicant, Sri Jai Kishan Chaurasia, learned State Law Officer for the State
and perused the material placed on record. Learned counsel for the informant
is not present.
3. Applicant seeks bail in Case Crime No.203 of 2025, under Sections 70(2),
351(3) BNS and 5G/6 POCSO Act, Police Station Deogaon, District
Azamgarh, during the pendency of trial.
4. Learned counsel submits that similarly placed co-accused, Riyaz Ansari,
has been granted bail by this Court vide order dated 24.03.2026 in Criminal
Misc. Bail Application No.29637 of 2025, hence, the applicant, having an
identical role and no criminal history, is entitled to bail on parity. He is in
jail since 12.06.2025 and will not misuse the liberty of bail.
5. The prayer for bail has been vehemently opposed by learned State Law
Officer. 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. 31386 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- Ajeet Sharma, 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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