Allahabad High Court
HIMANSHU THAKURversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant on the ground of parity.
Summary
Himanshu Thakur applied for bail in a case (Crime No. 149 of 2026) involving multiple IPC offences, including sections 191, 190, 109, 115, 351, 352, 324 and 61, read with Section 7 of the Criminal Law (Amendment) Act, 1932. The police had linked him to eleven cases, but the applicant explained his criminal history. The court noted that an accused cannot be detained solely for past antecedents if bail criteria are otherwise satisfied. Observing that a co‑accused, Islam @ Sagar, had already been released on bail in a similar matter, the court found a prima facie case for bail. Consequently, the bail application was allowed on the condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether bail should be granted to the accused despite multiple pending charges and a criminal history.
Legislation cited
- Criminal Law Amendment Act, 1932 — s. 7
- Indian Penal Code — s. 109, 115(2), 190, 191(2), 191(3), 324(5), 351(2), 352, 61(2)
Subjects
- bail
- criminal antecedents
- parity
- IPC sections
- Criminal Law Amendment Act
- surety
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31809 of 2026
Himanshu Thakur
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Qamar Ali Jafri
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 62 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Qamar Ali Jafri, learned counsel for the applicant, Sri R.M.
Yadav, 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) BNS read with
Section 7 of the Criminal Law (Amendment) Act, 1932, Police Station
Phase-III, District Gautam Buddha Nagar, during the pendency of trial.
4. In all, eleven cases were foisted on the applicant by the police at a go. The
said criminal history has been explained.
5. 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
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
6. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration that similarly placed co-accused person Islam @ Sagar, has
already been enlarged on bail by this Court vide order dated 29.5.2026
passed in Criminal Misc. Bail Application No.18829 of 2026, and without
BAIL No. 31809 of 2026
2
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.
7. Let the applicant- Himanshu Thakur, be released on bail 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.
8. 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
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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