Allahabad High Court
MOHD NAWABversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with the co‑accused.
Summary
The applicant, Mohd Nawab, was charged under several sections of the Indian Penal Code (318(4), 338, 336(3), 341(2), 317(2)), the Bihar Narcotic Substances Act, 2023 and Section 66‑D of the Information Technology Act in Crime No. 230 of 2026. He applied for bail while the trial was pending. The Court noted that a co‑accused, Asad Irshad, had already been released on bail in a similar case (Criminal Misc. Bail Application No. 28426 of 2026). Without delving into the merits of the case, the Court held that the applicant had made out a prima facie case for bail on the ground of parity with the co‑accused. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear as required. 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 the listed IPC, B.N.S., and IT Act provisions during the pendency of trial.
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail without a detailed merits assessment.
Legislation cited
- Bihar Narcotic Substances Act — s. 2023
- Indian Penal Code — s. 317(2), 318(4), 336(3), 338, 341(2)
- Information Technology Act — s. 66-D
Subjects
- bail
- parity
- criminal procedure
- Indian Penal Code
- Information Technology Act
- co‑accused
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31745 of 2026
Mohd Nawab
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Manoj Kumar Tripathi, Vinod Kumar Tirpathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.47 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vinod Kumar Tripathi, learned counsel for the applicant, Sri Pankaj
Srivastava, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.230 of 2026, under Sections 318(4), 338,
336(3), 341(2), 317(2) B.N.S., 2023 and Section 66-D I.T. Act, Police Station
Nehtaur, District Bijnor, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Asad Irshad has already been enlarged on bail by
this Court vide order dated 13.08.2026 passed in Criminal Misc. Bail Application
No.28426 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- Mohd Nawab, 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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