Allahabad High Court
SHIVAM KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, in view of the applicant’s clean record and the grant of bail to a similarly situated co‑accused, bail must be granted.
Summary
Shivam Kumar applied for bail in a criminal case (Crime No. 362 of 2026) under Sections 318(2) and 61(2) of the Indian Penal Code and Sections 8, 10, 11, 13(3) and 13(5) of the Uttar Pradesh Public Examination Act, 2024. The applicant had no prior criminal record. The learned counsel argued that a co‑accused, Rajesh Kumar, had already been granted bail in a similar case, establishing parity. The court considered the facts, the absence of a criminal history, and the earlier bail order, and concluded that the applicant had made out a case for bail. Accordingly, the court ordered his release on bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses. The bail may be cancelled if any condition is breached, and the order does not affect the trial on merits.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial under the applicable provisions of the IPC and the Uttar Pradesh Public Examination Act, 2024
- Whether the grant of bail to a similarly situated co‑accused creates a parity ground for granting bail to the applicant
Legislation cited
- Indian Penal Code — s. 318(2), 61(2)
- Uttar Pradesh Public Examination Act, 2024 — s. 10, 11, 13(3), 13(5), 8
Subjects
- bail
- criminal procedure
- parity
- Uttar Pradesh Public Examination Act
- no prior criminal record
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31972 of 2026
Shivam Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Om Prakash Yadav, Pavan Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.108 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Om Prakash Yadav, 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.362 of 2026, under Sections 318(2), 61(2)
BNS and Sections 8/10/11/13(3), 13(5) of Uttar Pradesh Public Examination Act,
2024, Police Station Naini, District Prayagraj, 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, Rajesh Kumar, has already been granted bail by this Court vide order dated
7.9.2026 in Criminal Misc. Bail Application No.31298 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- Shivam Kumar, 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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