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Allahabad High Court

GAURAV AND ANOTHERversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicants on the ground of parity with co‑accused.

Summary

The applicants, Gaurav and Raju, applied for bail in Criminal Case No. 40 of 2026, charged under multiple sections of the BNS and Section 7 of the Criminal Law Amendment Act. The court considered the facts, the evidence, and the submissions of counsel, noting that co‑accused Sumit and Bhupendra had already been released on bail by a coordinate bench. The applicants had no prior criminal record, and the principle of parity with the co‑accused was highlighted. Consequently, the court found that the applicants had made out a case for bail. The bail was granted on the condition of furnishing a personal bond, two sureties, and compliance with conditions not to tamper with evidence or intimidate witnesses, with cancellation upon breach.

Issues considered

  • Whether bail should be granted to the accused under the listed sections during the pendency of trial, considering parity with co‑accused already on bail and the applicants' clean criminal record.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • parity
  • co‑accused
  • sureties
  • conditions
  • trial pending

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. BAIL APPLICATION No. - 32471 of 2026

                                    Gaurav And Another
                                                                                                          .....Applicant(s)
                                                                           Versus
                                    State of U.P.
                                                                                                     .....Opposite Party(s)

                                    Counsel for Applicant(s)                        :   Bipin
                                    Counsel for Opposite Party(s)                   :   G.A., Jyoti Kumar Singh

                                    Court No. - 68
                                    (Sl. No. 11 out of 98)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Bipin, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned
                                    counsel for the informant and Sri V.K.S. Parmar, learned A.G.A. for the State and also
                                    perused the material placed on record.

                                    3. Applicants seek bail in Case Crime No. 40 of 2026, under Sections 191(2), 191(3),
                                    190, 61(2), 109, 130, 115(2), 352, 351(2), 324(2), 110, 117(2) of BNS and Section 7
                                    of Criminal Law Amendment Act, Police Station - Dadri, District - Gautam Budha
                                    Nagar, during the pendency of trial.

                                    4. Considering the facts and circumstances of the case, the submissions made by
                                    learned counsel for the parties, the evidence on record, taking into consideration
                                    that similarly placed co-accused person, Sumit and Bhupendra, have already been
                                    enlarged on bail by coordinate Bench of this Court vide order dated 11.5.2026 passed
                                    in Criminal Misc. Bail Application No. 9081 of 2026 coupled with the fact that the
                                    applicants have no criminal history, this Court prima facie is of the view that the
                                    applicants have made out a case for bail.

                                    5. Accordingly, the bail application is allowed on the ground of parity. Let the
                                    applicants- Gaurav and Raju, be released on bail on furnishing a personal bond and
                                    two sureties to the satisfaction of the court concerned, subject to verification of
                                    sureties, with the conditions that they 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.

                                    September 14, 2026
                                    Siddhant

                                                                                                      (Krishan Pahal,J.)




Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad


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