Allahabad High Court
ADITYA ANANDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with similarly placed co‑accused.
Summary
The High Court considered the bail application of Aditya Anand, who was arrested on 19 April 2026 in connection with a case involving multiple offences under the Indian Penal Code and the Criminal Law Amendment Act. The applicant argued that co‑accused Pawan and Chhotu, who faced identical charges, had already been released on bail, and therefore he was entitled to the same relief on the basis of parity. The State opposed bail but did not contest the factual similarity between the accused. The Court held that, in the absence of any other impediment and given the applicant's explained criminal history, bail could not be denied solely on the basis of antecedents. Consequently, the bail application was allowed, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the applicant on the ground of parity with similarly placed co‑accused.
- Whether the applicant's criminal antecedents justify denial of bail.
- Whether the nature and gravity of the offences warrant continued detention pending trial.
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 109, 115(2), 190, 191(2), 191(3), 324(5), 351(2), 352, 61(2)
Subjects
- bail
- parity
- criminal procedure
- Indian Penal Code
- Criminal Law Amendment Act
- sureties
- non‑tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31711 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.33 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.149 of 2026, under Sections
191(2), 191(3), 190, 109, 115(2), 351(2), 352, 324(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, Pawan and
Chhotu, have been granted bail by Co-ordinate Bench of this Court vide
order dated 29.05.2026 in Criminal Misc. Bail Application No.18633 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. 31711 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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