Allahabad High Court
ADITYA ANANDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted on the ground of parity with the similarly placed co‑accused.
Summary
The High Court considered the bail application of Aditya Anand, who was arrested in Crime No.158 of 2026 on numerous charges under the Indian Penal Code and the Criminal Law Amendment Act. He had been in custody since 19 April 2026. The applicant argued that a co‑accused, Jay Prakash, who faced identical charges, had been released on bail, and therefore he should be granted bail on the basis of parity. The State opposed the bail but did not dispute the factual similarity with the co‑accused. The Court held that when bail is otherwise justified, an accused should not be detained solely because of prior criminal history and that parity with the co‑accused warranted relief. Consequently, the Court ordered the applicant’s release on bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused despite multiple serious charges and alleged criminal antecedents
- Whether the principle of parity with a similarly placed co‑accused mandates the grant of bail
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 115(2), 125, 190, 191(2), 324(4), 326(G), 333, 3(5), 351(2), 61(2)
Subjects
- bail
- parity
- criminal procedure
- Indian Penal Code
- Criminal Law Amendment Act
- multiple charges
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31693 of 2026
Aditya Anand
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ambreen Masroor, Fakharul Islam
Jafri, Sadrul Islam Jafri, Sr. Advocate
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.26 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Samra Usmani, Advocate holding brief of Sri Sadrul Islam
Jafri, learned counsel for the applicant, Sri Arun Kumar Mishra, learned
A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.158 of 2026, under Sections
191(2), 190, 125, 326(G), 333, 324(4), 115(2), 351(2), 3(5), 61(2) B.N.S.
and Section 7 of Criminal Law Amendment Act, Police Station Phase-3,
District Gautam Budh Nagar, during the pendency of trial.
4. Learned counsel submits that similarly placed co-accused, Jay Prakash,
has been granted bail by this Court vide order dated 07.07.2026 in Criminal
Misc. Bail Application No.22749 of 2026, hence, the applicant, having an
identical role, is entitled to bail on parity. In all, eleven cases were foisted on
the applicant at a go. He is in jail since 19.04.2026 and will not misuse the
liberty of bail.
5. The prayer for bail has been vehemently opposed by learned A.G.A.
However, the aforesaid factual aspect of the parity to the co-accused has not
been disputed by him.
6. This Court is of the view that if a case for bail is otherwise made out, an
accused cannot be kept incarcerated solely on account of his criminal
BAIL No. 31693 of 2026
2
antecedents. In the instant case, the criminal history attributed to the
applicant has been properly explained.
7. After hearing learned counsel for the parties and taking into consideration
that the similarly placed co-accused has been enlarged on bail, 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.
8. Let the applicant- Aditya Anand, 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.
9. 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
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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