Allahabad High Court
AMITversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted on the ground of parity with co‑accused who had been released and the applicant's clean record.
Summary
The applicant, Amit, was charged in Crime No.207 of 2026 under numerous sections of the Indian Penal Code, the Prevention of Damage to Public Property Act, 1984 and the Criminal Law Amendment Act. He applied for bail during the pendency of trial. The Court examined the facts, the submissions of counsel, and noted that co‑accused Monu Singh and Vikash had already been granted bail in a similar case. Considering Amit’s clean criminal record and the principle of parity with the co‑accused, the Court found that he had made out a case for bail. Accordingly, bail was granted on the condition of a personal bond, two sureties, and compliance with standard bail conditions. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether the applicant is entitled to bail despite the nature and number of charges against him, considering parity with co‑accused and his lack of prior criminal history.
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 109(1), 115(2), 121(1), 126(2), 127(2), 132, 190, 191(2), 191(3), 226, 285, 324(4), 326(g), 3(5), 351(3), 352
- Prevention of Damage to Public Property Act, 1984 — s. 2, 3
Subjects
- bail
- parity
- criminal procedure
- Indian Penal Code
- Prevention of Damage to Public Property Act
- Criminal Law Amendment Act
- no prior criminal record
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31937 of 2026
Amit
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Arvind Kumar Sahu, Surya Bhan Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.97 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Arvind Kumar Sahu, learned counsel for the applicant, Sri Prakanj
Srivastava, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.207 of 2026, under Sections 3(5), 191(2),
191(3), 190, 126(2), 127(2), 121(1), 132, 115(2), 109(1), 324(4), 285, 352, 351(3),
226, 326(g) BNS, Section 2/3 of Prevention of Damage to Public Property Act, 1984
and Section 7 of Criminal Law Amendment Act, Police Station Zarif Nagar, District
Budaun, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsels for the parties, and taking into consideration that similarly placed co-
accused, Monu Singh and Vikash, have already been granted bail by this Court vide
order dated 31.8.2026 in Criminal Misc. Bail Application No.30558 of 2026, coupled
with the fact that applicant has no criminal history, the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed on the ground of
parity.
5. Let the applicant- Amit, 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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