Allahabad High Court
BHAGIRATH AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicants on the ground of parity with a co‑accused who had previously been released on bail.
Summary
The applicants, Bhagirath and Braj Bhusan (also known as Bhushan), were charged in Crime No. 52 of 2026 under multiple provisions of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act. They applied for bail during the pendency of trial. The court examined the facts, the submissions of counsel, and noted that a co‑accused, Jeetu @ Jitendra, had already been granted bail in a similar case. Considering the parity with the co‑accused and the explanation of the applicants' criminal history, the court found that the applicants had made out a case for bail. Accordingly, bail was granted on the condition of furnishing a personal bond, two sureties, and compliance with conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. Any breach of these conditions would lead to cancellation of bail, without affecting the trial on merits.
Issues considered
- The applicability of bail to the accused under Sections 191(2), 191(3), 190, 115(2), 117(2), 125, 131, 333, 109, 324(4), 351(2) of the IPC and Section 7 of the Criminal Law Amendment Act.
- Whether parity with a co‑accused who was previously granted bail warrants granting bail to the present applicants.
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 109, 115(2), 117(2), 125, 131, 190, 191(2), 191(3), 324(4), 333, 351(2)
Subjects
- bail
- criminal procedure
- parity
- Indian Penal Code
- Criminal Law Amendment Act
- sureties
- witness intimidation
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31446 of 2026
Bhagirath And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Singh
Counsel for Opposite Party(s) : Bhavesh Singh Jadaun, G.A., Satya
Dheer Singh Jadaun
Court No. - 68
(Sr. No.12 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Amit Singh, learned counsel for the applicants, Sri Shubham
Singh, Advocate holding brief of Sri Satya Dheer Singh Jadaun, learned
counsel for the informant as well as Sri Rajendra Prasad Singh, learned State
Law Officer for the State and perused the material placed on record.
3. Applicants seek bail in Case Crime No.52 of 2026, under Sections 191(2),
191(3), 190, 115(2), 117(2), 125, 131, 333, 109, 324(4), 351(2) BNS and
Section 7 Criminal Law Amendment Act, Police Station Barsana, District
Mathura, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsels for the parties, and taking into consideration that
similarly placed co-accused, Jeetu @ Jitendra, has already been granted bail
by the Co-ordinate Bench of this Court vide order dated 11.6.2026 in
Criminal Misc. Bail Application No.17173 of 2026, coupled with the fact
that criminal history assigned to the applicants has been explained, the Court
is of the view that the applicants have made out a case for bail. The bail
application is allowed on the ground of parity.
5. Let the applicants- Bhagirath and Braj Bhusan @ Bhushan, be released
on bail in the aforementioned case crime on furnishing a personal bond and
two sureties to the satisfaction of the court concerned, subject to verification
of sureties, with the conditions that they shall not tamper with evidence or
BAIL No. 31446 of 2026
2
intimidate witnesses and shall appear before the trial court as required.
6. 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
Checking your session…