Allahabad High Court
SUJEET KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity and lack of criminal history.
Summary
The applicant, Sujeet Kumar, was charged under Sections 137(2), 127(2), 143(1), 3(5) of the BNS, Sections 9 and 11 of the Prohibition of Child Marriage Act, and Sections 16 and 17 of the POCSO Act. He applied for bail during the pendency of the trial. The court noted that a co‑accused, Ritu Devi, had already been granted bail in a similar case and that the applicant had no prior criminal record. Relying on the principle of parity and finding a prima facie case for bail, the court decided to grant bail without expressing an opinion on the merits. The bail was conditioned on a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. Any breach of these conditions would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under the charges of child marriage and POCSO offences, considering the principle of parity with a co‑accused who was previously released on bail.
Legislation cited
- Prohibition of Child Marriage Act — s. 11, 9
- Protection of Children from Sexual Offences (POCSO) Act — s. 16, 17
Subjects
- bail
- parity
- child marriage
- POCSO
- criminal procedure
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32378 of 2026
Sujeet Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Yadav, Om Prakash
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 63 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned counsels for both the parties are present.
2. Heard Sri Ashok Kumar Yadav, learned counsel for the applicant, Sri
Shiv Kumar Yadav, learned counsel for the informant as well as Sri V.K.S.
Parmar, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.260 of 2025, under Sections
137(2), 127(2), 143(1), 3(5) BNS and 9/11 of Prohibition of Child Marriage
Act and 16/17 POCSO Act, Police Station- Karari, District -Kaushambi,
during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused person, Ritu Devi has already been
enlarged on bail by this Court vide order dated 12.8.2026 passed in Criminal
Misc. Bail Application No. 28197 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- Sujeet Kumar, 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,
BAIL No. 32378 of 2026
2
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. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 21, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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