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Allahabad High Court

HIMANSHU THAKURversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant on the ground of parity with a co‑accused who had already been released on bail.

Summary

Himanshu Thakur applied for bail in a case (Crime No.172 of 2026) involving eleven FIRs under various sections of the Indian Penal Code, the Criminal Law (Amendment) Act, 1932 and the Prevention of Damage to Public Property Act, 1984. The court noted that a co‑accused, Manisha Chauhan, had already been granted bail in a similar matter, and, without delving into the merits, found that the applicant had made out a prima facie case for bail on the ground of parity. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach would lead to cancellation of bail and that the trial on merits would continue unaffected. The decision reflects the court’s practice of granting bail when co‑accused are released under comparable circumstances.

Issues considered

  • Whether the applicant is entitled to bail despite multiple FIRs and serious charges
  • Whether the grant of bail to a co‑accused on similar facts creates a parity ground for bail to the applicant

Legislation cited

Subjects

  • bail
  • parity
  • multiple FIRs
  • co‑accused
  • conditions of bail
  • criminal procedure

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. BAIL APPLICATION No. - 32436 of 2026

                                    Himanshu Thakur
                                                                                                                 .....Applicant(s)
                                                                              Versus
                                    State of U.P.
                                                                                                            .....Opposite Party(s)

                                    Counsel for Applicant(s)                                   :     Qamar Ali Jafri
                                    Counsel for Opposite Party(s)                              :     G.A.

                                    Court No. - 68
                                    (Sr. No.46 out of 76)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Qamar Ali Jafri, 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.172 of 2026, under Sections 191(2), 115(2),
                                    121(1), 127(2), 324(4), 61(2), 191(3), 326(g), 190, 125, 132, 195(2), 285 B.N.S.,
                                    2023, Section 7 Criminal Law (Amendment) Act, 1932 and Sections 3, 4 of
                                    Prevention of Damage to Public Property Act, 1984, Police Station Phase I, District
                                    Gautam Buddha Nagar, during the pendency of trial.

                                    4. In all, eleven FIRs were instituted against the applicant at a go.

                                    5. After hearing learned counsel for the parties and taking into consideration that
                                    similarly placed co-accused person Manisha Alias Manisha Chauhan has already been
                                    enlarged on bail by this Court vide order dated 08.09.2026 passed in Criminal Misc.
                                    Bail Application No.31458 of 2026, and 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.

                                    6. Let the applicant- Himanshu Thakur, 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.

                                    7. Breach of any condition shall entail cancellation of bail. The observations herein
                                    shall not affect the trial on merits.

                                                                                                            (Krishan Pahal,J.)
                                    September 11, 2026
                                    (Ravi Kant)




Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad


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