Allahabad High Court
LAXMINARAYANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, in view of the applicant’s clean record and the grant of bail to a similarly situated co‑accused, bail must be granted under Section 103(1) CrPC.
Summary
Laxminarayan applied for bail in a non‑bailable offence (Case Crime No.101 of 2026) under Section 103(1) of the Criminal Procedure Code. The court examined the facts, noting that a co‑accused, Shakuntala Mishra, had already been granted bail in a similar case, and that the applicant had no prior criminal record. Relying on the principle of parity and the absence of any adverse factors, the court found that the applicant had made out a case for bail. Accordingly, bail was ordered on the condition of a personal bond and two sureties, with standard conditions to prevent tampering with evidence or intimidation of witnesses. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail can be granted to the accused under Section 103(1) of the Criminal Procedure Code during the pendency of trial in a non‑bailable offence.
- Whether the grant of bail to a similarly situated co‑accused mandates parity and warrants bail to the applicant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 103(1)
Subjects
- bail
- Criminal Procedure Code
- Section 103(1)
- non‑bailable offence
- parity
- sureties
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31694 of 2026
Laxminarayan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Vivek Dubey, Yogendra Misra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.15 out of 172 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Yogendra Misra, 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.101 of 2026, under Sections 103(1) BNS,
Police Station Teji Bazar, District Jaunpur, 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, Shakuntala Mishra, has already been granted bail by the Co-ordinate Bench
of this Court vide order dated 20.8.2026 in Criminal Misc. Bail Application No.24644
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- Laxminarayan, 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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