Allahabad High Court
DILIP KUMAR PATELversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a similarly situated co‑accused.
Summary
The applicant, Dilip Kumar Patel, was charged under Sections 318(2), 61(2) of the BNS and Sections 8, 10, 11, 13(3), 13(5) of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, in Crime No. 362 of 2026. He applied for bail while the trial was pending. The Court noted that a co‑accused, Ravi Prakash, had previously been released on bail in a similar case and that the applicant had no prior criminal record. Relying on the principle of parity and finding no substantive reason to deny bail, the Court allowed the bail application without expressing an opinion on the merits of the underlying case. The bail was conditioned on a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. Any breach of these conditions would lead to cancellation of bail.
Issues considered
- Whether the applicant is entitled to bail under the provisions of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 and the other applicable sections.
Legislation cited
- BNS (relevant statute for sections 318(2) and 61(2)) — s. 318(2), 61(2)
- Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 — s. 10, 11, 13(3), 13(5), 8
Subjects
- bail
- parity
- Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024
- criminal procedure
- co‑accused
- no prior criminal record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31493 of 2026
Dilip Kumar Patel
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Awaneesha Kumar, Narendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 25 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Narendra 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.362 of 2026, under Sections
318(2), 61(2) BNS and 8/10/11/13(3), 13(5) Uttar Pradesh Public
Examination (Prevention of Unfair Means) Act, 2024, Police Station-Naini,
District -Prayagraj, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused person, Ravi Prakash has already
been enlarged on bail by this Court vide order dated 7.9.2026 passed in
Criminal Misc. Bail Application No.31333 of 2026 and that there is no
criminal history assigned to the applicant, without expressing any opinion on
the merits of the case, prima facie the Court is of the view that the applicant
has made out a case for bail. Accordingly, the bail application is allowed on
the ground of parity.
5. Let the applicant- Dilip Kumar Patel, be released on bail in the
aforementioned case crime on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
BAIL No. 31493 of 2026
2
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
6. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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