Allahabad High Court
RAJDEEPversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with a similarly placed co‑accused.
Summary
The applicant, Rajdeep, was charged in Crime No.138 of 2026 under Sections 308(2), 318(4) of the Indian Penal Code and Section 66D of the Income Tax Act. He applied for bail during the pendency of trial, asserting no prior criminal record. The Court noted that a co‑accused, Suraj Kumar, had previously been granted bail in a similar case (Criminal Misc. Bail Application No.25852 of 2026). Relying on this parity and the applicant’s clean record, the Court, without delving into the merits, found a prima facie case for bail. Accordingly, bail was ordered on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. Any breach would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 308(2), 318(4) IPC and 66D IT Act during trial.
- Whether the grant of bail to a similarly situated co‑accused creates a parity ground for granting bail to the applicant.
Legislation cited
- Income Tax Act — s. 66D
- Indian Penal Code — s. 308(2), 318(4)
Subjects
- bail
- parity
- Indian Penal Code
- Income Tax Act
- criminal procedure
- sureties
- non‑bailable offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31498 of 2026
Rajdeep
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shiv Shankar Kaithal, Tej Om Prakash
Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 27 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Tej Om Prakash Gupta, learned counsel for the applicant, Sri
R.M. Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.138 of 2026, under Sections
308(2), 318(4) BNS and 66D I.T. Act, Police Station-Shivrajpur, District -
Kanpur Nagar, 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, Suraj Kumar has already
been enlarged on bail by this Court vide order dated 5.8.2026 passed in
Criminal Misc. Bail Application No.25852 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- Rajdeep, 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 tamper with evidence or
intimidate witnesses and shall appear before the trial court as required.
BAIL No. 31498 of 2026
2
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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