Allahabad High Court
JAGGI @ AJAY VANSKARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with co‑accused.
Summary
The applicant, Jaggi @ Ajay Vanskar, applied for bail in a criminal case (Crime No. 104 of 2025) under Section 103(1) of the IPC and Section 238 of the CrPC. The court noted that co‑accused persons Vipin Verma and Ajay had already been released on bail by a coordinate bench of the same court in a similar bail application (Criminal Misc. Bail Application No. 23890 of 2026). The applicant had no prior criminal record. Relying on the principle of parity with the co‑accused and finding no substantive reason to deny bail, the court allowed the bail application without expressing an opinion on the merits of the case. The bail was conditioned on a personal bond, two sureties, and standard 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 applicant under Section 103(1) IPC and Section 238 CrPC, considering the bail already granted to similarly situated co‑accused.
Legislation cited
- Code of Criminal Procedure — s. 238
- Indian Penal Code — s. 103(1)
Subjects
- bail
- parity
- Section 103 IPC
- Section 238 CrPC
- criminal procedure
- no prior criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31970 of 2026
Jaggi @ Ajay Vanskar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Nikhil Kumar Tripathi, Rakesh Kumar
Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Nikhil Kumar Tripathi, learned counsel for the applicant, Sri
Abhishek Mishra, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.104 of 2025, under Section 103(1),
238 BNS, Police Station- Nawabad, District -Jhansi, during the pendency of
trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused persons, Vipin Verma and Ajay
have already been enlarged on bail by Co-ordinate Bench of this Court vide
order dated 24.8.2026 passed in Criminal Misc. Bail Application No. 23890
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- Jaggi @ Ajay Vanskar, 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
BAIL No. 31970 of 2026
2
trial court as required.
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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