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Allahabad High Court

AZADversusSTATE OF U.P.

Decided

Holding

Bail is granted to the applicant on the ground of parity with a similarly placed co‑accused.

Summary

The applicant, Azad, applied for bail in Criminal Miscellaneous Bail Application No. 31657 of 2026 concerning Crime No. 152 of 2026, which alleged offences under Sections 140(1), 103(1), 238, 61(2) and 3(5) of the Indian Penal Code. The applicant had no prior criminal record and a co‑accused, Ajab Singh, had already been granted bail in a similar case by the same court. The learned counsel for the applicant argued that parity with the co‑accused warranted bail, while the State opposed the relief. After considering the facts, the submissions and the precedent of the earlier bail order, the court held that the applicant had made out a case for bail. Accordingly, the court granted bail on the condition of a personal bond, two sureties, and compliance with standard bail conditions such as not tampering with evidence or intimidating witnesses.

Issues considered

  • Whether bail should be granted to the applicant Azad in the pending trial for offences under Sections 140(1), 103(1), 238, 61(2) and 3(5) of the IPC.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • parity
  • Indian Penal Code
  • no prior criminal record
  • court order

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. BAIL APPLICATION No. - 31657 of 2026

                                    Azad
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                           :    Diwan Saifullah Khan
                                    Counsel for Opposite Party(s)                      :    G.A.

                                    Court No. - 68
                                    (Sr. No.11 out of 172 T.C.)

                                                                  HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Diwan Saifullah Khan, learned counsel for the applicant, Sri Deepak
                                    Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

                                    3. Applicant seeks bail in Case Crime No.152 of 2026, under Sections 140(1), 103(1),
                                    238, 61(2), 3(5) BNS, Police Station Loni, District Ghaziabad, 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, Ajab Singh, has already been granted bail by the Co-ordinate Bench of this
                                    Court vide order dated 4.8.2026 in Criminal Misc. Bail Application No.27063 of
                                    2026, coupled with the fact that applicant has no criminal history, 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.

                                    5. Let the applicant- Azad, 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 he shall not tamper with
                                    evidence or 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 9, 2026
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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