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Allahabad High Court

SHADAB @ ABDUL MAJIDversusSTATE OF U.P.

Decided

Holding

Bail is granted to the applicant on the ground of parity with a similarly placed co‑accused.

Summary

Shadab @ Abdul Majid, accused under Sections 3, 5 and 25 of the Arms Act in Crime No. 505 of 2026, applied for bail during the pendency of trial. The applicant’s counsel argued that a co‑accused, Jarrar, had already been granted bail in a similar case, invoking the principle of parity. The State opposed the bail, but the court, after considering the facts, submissions and the earlier bail order, found that the applicant had made out a case for bail. Accordingly, the court allowed the bail application 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 bail should be granted to an accused under Sections 3, 5 and 25 of the Arms Act during the trial.
  • Whether the principle of parity with a co‑accused who was previously granted bail warrants granting bail in the present case.

Legislation cited

Subjects

  • bail
  • Arms Act
  • parity
  • surety
  • non‑tampering
  • witness intimidation

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. BAIL APPLICATION No. - 31987 of 2026

                                    Shadab @ Abdul Majid
                                                                                                            .....Applicant(s)
                                                                               Versus
                                    State of U.P.
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)               :     Akanksha Singh, Swayamanand Sisodiya
                                    Counsel for Opposite Party(s)          :     G.A.

                                    Court No. - 68
                                    (Sr. No.115 out of 318)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Swayamanand Sisodiya, learned counsel for the applicant, Sri Arun
                                    Kumar Mishra, learned A.G.A. for the State and perused the material placed on
                                    record.

                                    3. Applicant seeks bail in Case Crime No.505 of 2026, under Sections 3, 5, 25 of
                                    Arms Act, Police Station Lohiyanagar, District Meerut, 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, Jarrar, has already been granted bail by this Court vide order dated 3.9.2026
                                    in Criminal Misc. Bail Application No.31132 of 2026, 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- Shadab @ Abdul Majid, 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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