Allahabad High Court
SHADAB @ ABDUL MAJIDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
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
- Arms Act — s. 25, 3, 5
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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