Allahabad High Court
VIKASversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is to be granted on the ground of parity with a similarly placed co‑accused and the applicant's clean record.
Summary
The High Court of Judicature at Allahabad heard a bail application filed by Vikas, the accused in Crime No. 177 of 2026, which involved offences under Sections 109(1), 317(5), 317(2) of the Indian Penal Code and several provisions of the Arms Act. The applicant was represented by counsel Rajesh Singh, while the State was represented by G.A. The court noted that a co‑accused, Abhishek, had already been granted bail in a similar case (Criminal Misc. Bail Application No. 27803 of 2026) and that Vikas had no prior criminal record. Relying on the principle of parity and the absence of any adverse material, the court found that the applicant had made out a case for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order also warned that breach of any condition would lead to cancellation of bail.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences alleged under the IPC and Arms Act.
- Whether the principle of parity with a similarly situated co‑accused warrants granting bail.
Legislation cited
- Arms Act — s. 25, 27, 3, 3(5)
- Indian Penal Code — s. 109(1), 317(2), 317(5)
Subjects
- bail
- criminal procedure
- parity principle
- sureties
- arms act offences
- non‑bailable offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31832 of 2026
Vikas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 68 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rajesh Singh, 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. 177 of 2026, under Sections
109(1), 317(5), 317(2), 3(5) BNS and 3/25/27 Arms Act, Police Station-
Patiyali, District -Kasganj, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused person, Abhishek has already been
enlarged on bail by this Court vide order dated 10.8.2026 passed in Criminal
Misc. Bail Application No. 27803 of 2026 and that there is no criminal
history assigned to the applicant, 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- Vikas, be released on bail in the aforementioned case
crime on his furnishing a personal bond and two sureties each in the like
amount 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.
BAIL No. 31832 of 2026
2
6. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 9, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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