Allahabad High Court
GAURAV AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
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
- BNS — s. 109, 110, 115(2), 117(2), 130, 190, 191(2), 191(3), 324(2), 351(2), 352, 61(2)
- Criminal Law Amendment Act — s. 7
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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