Allahabad High Court
ANKIT KANAUJIYAversusSTATE OF UP
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with the co‑accused.
Summary
Ankit Kanaujiya was charged in Crime No.69 of 2026 under Sections 191(2), 103(1) and 190 of the Indian Penal Code. He applied for bail during the pendency of trial. The court noted that a co‑accused, Sunil Kanaujiya, had already been released on bail in a related matter (Criminal Misc. Bail Application No.18227 of 2026). Without delving into the merits, the court applied the principle of parity and found that the applicant had made out a case for bail. Accordingly, bail was granted on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating 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 should be granted to the accused under Sections 191(2), 103(1) and 190 of the IPC during trial
- Whether the principle of parity with a co‑accused already on bail warrants granting bail
Legislation cited
- Indian Penal Code — s. 103(1), 190, 191(2)
Subjects
- bail
- criminal procedure
- parity principle
- Indian Penal Code
- Section 191
- Section 103
- Section 190
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31710 of 2026
Ankit Kanaujiya
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mohd. Imran, Syed Safdar Ali Kazmi
Counsel for Opposite Party(s) : G.A., Ruhi Yadav
Court No. - 68
(Sr. No.17 out of 172 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohd. Imran, learned counsel for the applicant, Ms. Ruhi Yadav, learned
counsel for the informant, Sri Ram Mohit Yadav, learned A.G.A. for the State and
perused the material placed on record.
3. Applicant seeks bail in Case Crime No.69 of 2026, under Sections 191(2), 103(1),
190 B.N.S., Police Station Naini, District Prayagraj, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Sunil Kanaujiya has already been enlarged on bail
by Co-ordinate Bench of this Court vide order dated 12.08.2026 passed in Criminal
Misc. Bail Application No.18227 of 2026, and 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- Ankit Kanaujiya, 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
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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