Allahabad High Court
RIHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity, subject to bond, sureties and standard conditions.
Summary
The applicant, Rihan, was charged under Sections 9(1)(a)(i), 5 and 25 of the Arms Act in Crime No. 505 of 2026. He applied for bail during the pendency of trial. The court noted that a co‑accused, Jarrar, had already been released on bail in a similar case (Criminal Misc. Bail Application No.31132 of 2026). Without delving into the merits, the court held that a prima facie case for bail existed and that parity with the co‑accused warranted relief. 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 substantive trial.
Issues considered
- Whether bail should be granted to the accused under the Arms Act during the pendency of trial, considering the principle of parity with a co‑accused who was previously released on bail.
Legislation cited
- Arms Act — s. 25, 5, 9(1)(a)(i)
Subjects
- bail
- Arms Act
- parity
- sureties
- trial pendency
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31732 of 2026
Rihan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Iqubal Hussain, Khalid Mahmood
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.40 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Khalid Mahmood, 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.505 of 2026, under Sections 9(1)a(i), 5, 25
Arms Act, Police Station Lohiyanagar, District Meerut, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Jarrar has already been enlarged on bail by this
Court vide order dated 03.09.2026 passed in Criminal Misc. Bail Application
No.31132 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- Rihan, 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
Checking your session…