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Allahabad High Court

ANKIT KANAUJIYAversusSTATE OF UP

Decided

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

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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