Allahabad High Court
ABU BAKARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a similarly situated co‑accused.
Summary
Abu Bakar applied for bail in a criminal case (Crime No. 66 of 2026) where he was charged under IPC sections 109(1), 352, 351(2) and sections 9 and 25 of the Arms Act. The court noted that a co‑accused, Abu Ovaida, had already been released on bail in a similar case by a coordinate bench, and that Abu Bakar had no prior criminal record. Considering these circumstances and without delving into the merits of the charges, the court found a prima facie case for bail. Accordingly, bail was granted on the ground of parity, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order also warned that breach of conditions would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial for offences under IPC 109(1), 352, 351(2) and Arms Act 9/25, considering the absence of a criminal history and the bail granted to a co‑accused.
Legislation cited
- Arms Act, 1959 — s. 25, 9
- Indian Penal Code — s. 109, 351, 352
Subjects
- bail
- criminal procedure
- parity
- non‑bailable offences
- Arms Act
- IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31855 of 2026
Abu Bakar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 77 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ravindra Sharma, 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.66 of 2026, under Section 109(1),
352, 351(2) BNS and 9/25 Arms Act, Police Station- Sandeepan Ghat,
District -Kaushambi, 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, Abu Ovaida @ Sonu has
already been enlarged on bail by Co-ordinate Bench of this Court vide order
dated 25.8.2026 passed in Criminal Misc. Bail Application No. 28962 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- Abu Bakar, 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. 31855 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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