Allahabad High Court
KAUSHIK MAZUMDARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail on the ground of parity with a co‑accused who had already been released.
Summary
Kaushik Mazumdar applied for bail in a criminal case (Crime No. 0362 of 2026) involving offences under Sections 61(2) and 318(2) of the B.N.S., 2023 and Sections 8, 10, 11, 13(3) and 13(5) of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 2024. The application was heard alongside the State's counsel, and the court noted that a co‑accused, Ravi Prakash, had already been released on bail in a similar matter. Without delving into the merits, the court found a prima facie case for bail and, on the ground of parity, ordered the applicant's release on bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The bail may be cancelled if any condition is breached, and the order does not affect the trial on merits.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial under the applicable statutes
- Whether the grant of bail to a co‑accused on similar charges creates a parity ground for granting bail to the applicant
- Whether a prima facie case for bail exists despite the seriousness of the alleged offences
Legislation cited
- B.N.S., 2023 — s. 318(2), 61(2)
- Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 2024 — s. 10, 11, 13(3), 13(5), 8
Subjects
- bail
- parity
- criminal procedure
- Uttar Pradesh Public Examinations Act
- evidence tampering
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31714 of 2026
Kaushik Mazumdar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Kumar Kartikeya, Saurabh Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.35 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Kumar Kartikeya,
learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law
Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.0362 of 2026, under Sections 61(2), 318(2)
B.N.S., 2023 and Sections 8, 10, 11, 13(3), 13(5) of the Uttar Pradesh Public
Examinations (Prevention of Unfair Means) Act, 2024, 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 Ravi Prakash has already been enlarged on bail by
this Court vide order dated 07.09.2026 passed in Criminal Misc. Bail Application
No.31333 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- Kaushik Mazumdar, 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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