Allahabad High Court
PARMANANDversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during the trial, subject to strict conditions, without expressing any opinion on the merits of the case.
Summary
Parmanand applied for bail in a criminal case (Crime No. 34 of 2026) involving multiple IPC offences, claiming innocence and alleging false implication due to a property dispute. The applicant had been in custody since July 18, 2026 and had no prior criminal record, while co-accused had already been granted bail. The State opposed the bail, but the court, after considering the circumstances and the applicant's lack of flight or tampering risk, allowed the bail application without commenting on the merits. The court ordered release on personal bond with two sureties, subject to conditions prohibiting evidence tampering, witness intimidation, and further offences. The bail order also directed verification of sureties and warned that breach of conditions could lead to cancellation.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial under the applicable IPC provisions
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses
- Whether the applicant's alleged involvement and lack of prior criminal history justify granting bail
Legislation cited
- Indian Penal Code — s. 110, 115(2), 118(2), 125, 191(2), 351(2), 351(3)
Subjects
- bail
- criminal procedure
- IPC sections
- presumption of innocence
- sureties
- conditions of bail
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31622 of 2026
Parmanand
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raj Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
The present case has been taken up out of turn under the category of
mention cases.
Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 34 of 2026, under Sections 191(2), 115(2), 125,
351(2), 351(3), 110, 118(2) BNS, Police Station- Chauri Chaura, District-
Gorakhpur, during pendency of the trial in the court concerned.
Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. It is next submitted that applicant is having
no concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. It is next submitted that
the present incident occurred due to property dispute and there are cross
versions. Six persons from the side of the applicant including applicant
himself have also received injuries. No specific role has been attributed to
the applicant. Similarly placed co-accused Parshuram and Ramanand
have been granted bail by co-ordinate Bench of this Court vide orders
dated 15.5.2026 and 21.5.2026 in Criminal Misc. Bail Application Nos.
16666 of 2026 and 17572 of 2026 respectively. Except the present case,
the applicant is not having any other criminal history and he is
languishing in jail since 18.7.2026. It is also submitted that the applicant
undertakes that he will not misuse the liberty, if granted. It has also been
pointed out that in the wake of heavy pendency of cases in the Court,
there is no likelihood of any early conclusion of trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the facts and circumstances of the case, perusing the record,
BAIL No. 31622 of 2026
2
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Parmanand be released on bail in the aforesaid case 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 not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 9, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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