Allahabad High Court
CHHOTU KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to Chhotu Kumar subject to a personal bond, two sureties and standard conditions.
Summary
Chhotu Kumar was charged under several sections of the Indian Penal Code and the U.P. Public Examination (Prevention of Unfair Means) Act, 2024, and applied for bail during the pendency of trial. The court examined the facts, the applicant's clean criminal record, and noted that a co‑accused, Dhirendra Kumar, had already been granted bail in a similar case. Relying on the principle of parity and the absence of any adverse history, the court found that the applicant had made out a case for bail. Accordingly, bail was ordered on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. The order emphasized that any breach would lead to cancellation of bail and that the trial on merits would continue unaffected.
Issues considered
- Whether bail should be granted to the accused under Sections 318, 319, 336, 338, 340 of the IPC and the relevant sections of the U.P. Public Examination (Prevention of Unfair Means) Act, 2024 during the pendency of trial
- Whether the grant of bail to a co‑accused in a similar case creates a parity ground for granting bail to the applicant
- Whether the applicant's lack of prior criminal history warrants bail
Legislation cited
- Indian Penal Code — s. 318, 319, 336, 338, 340
- U.P. Public Examination (Prevention of Unfair Means) Act, 2024 — s. 13(2), 13(3), 13(5), 4, 7, 8
Subjects
- bail
- criminal procedure
- Indian Penal Code
- U.P. Public Examination (Prevention of Unfair Means) Act
- parity
- sureties
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31986 of 2026
Chhotu Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Pradeep Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.114 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Pradeep Kumar 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.140 of 2026, under Sections 318(4), 319(2),
336(3), 338, 340(2) BNS and Sections 4, 7, 13(2), 13(3), 8/13(5) of UP Public
Examination (Prevention of Unfair Means) Act, 2024, Police Station Chetganj,
District Varanasi, 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, Dhirendra Kumar, has already been granted bail by this Court vide order
dated 3.8.2026 in Criminal Misc. Bail Application No.26838 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- Chhotu 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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