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Allahabad High Court

JAMKU @ JAMLESH @ VIMLESHversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to bail on the ground of parity.

Summary

The applicant, Jamku @ Jamlesh @ Vimlesh, applied for bail in a criminal case (Crime No.56 of 2026) under Section 103(1) of the B.N.S. while the trial was pending. The court noted that a co-accused, Parwati Alias Sadawati, had already been released on bail in a similar case by a coordinate bench of the same court. Without delving into the merits of the case, the court found that the applicant had made out a prima facie case for bail. Accordingly, bail was granted on the ground of parity, subject to a personal bond and two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach of conditions would lead to cancellation of bail and that the observations would not affect the trial on merits.

Issues considered

  • Whether bail should be granted to the applicant under Section 103(1) B.N.S. during the pendency of trial, considering the parity principle with a co-accused already released on bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • parity
  • Section 103(1) B.N.S.
  • trial pendency
  • sureties

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. BAIL APPLICATION No. - 31815 of 2026

                                    Jamku @ Jamlesh @ Vimlesh
                                                                                                           .....Applicant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)                              :     Abhishek Trivedi
                                    Counsel for Opposite Party(s)                         :     G.A.

                                    Court No. - 68
                                    (Sr. No.24 out of 172 T.C.)

                                                                  HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Abhishek Trivedi, 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.56 of 2026, under Section 103(1) B.N.S.,
                                    Police Station Sadar Bazar, District Shahjahanpur, during the pendency of trial.

                                    4. After hearing learned counsel for the parties and taking into consideration that
                                    similarly placed co-accused person Parwati Alias Sadawati has already been enlarged
                                    on bail by Co-ordinate Bench of this Court vide order dated 05.08.2026 passed in
                                    Criminal Misc. Bail Application No.27072 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- Jamku @ Jamlesh @ Vimlesh, 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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