Allahabad High Court
PHOOL PRAKASHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to Phool Prakash subject to a personal bond, two sureties, and standard conditions.
Summary
Phool Prakash applied for bail in a criminal case (Crime No. 362 of 2026) charged under Sections 318(2) and 61(2) of the Uttar Pradesh B.N.S. Act and Sections 8, 10, 11, 13(3) and 13(5) of the Uttar Pradesh Public Examination Act. The High Court examined the facts, the evidence, and the submissions of counsel, noting that a co‑accused, Ravi Prakash, had already been granted bail in a similar proceeding. The court observed that the applicant had no prior criminal record and that the circumstances warranted bail on the ground of parity with the co‑accused. Consequently, the court ordered that Phool Prakash be released on bail upon furnishing a personal bond and two sureties, subject to conditions of not tampering with evidence, not intimidating witnesses, and appearing before the trial court as required. The order also warned that breach of any condition would lead to cancellation of bail, and it clarified that the bail order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the specified provisions of the B.N.S. Act and the Uttar Pradesh Public Examination Act during the pendency of trial.
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the applicant.
Legislation cited
- Uttar Pradesh B.N.S. Act — s. 318(2), 61(2)
- Uttar Pradesh Public Examination Act — s. 10, 11, 13(3), 13(5), 8
Subjects
- bail
- criminal procedure
- parity
- sureties
- Uttar Pradesh Public Examination Act
- B.N.S. Act
- co‑accused
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32488 of 2026
Phool Prakash
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Satendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 17 out of 98)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Satendra Singh, learned counsel for the applicant and Sri Arun Kumar
Mishra, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 362 of 2026, under Sections 318(2), 61(2)
of BNS and 8, 10, 11, 13(3), 13(5) of U.P. Public Examination Act, Police Station -
Naini, District - Prayagraj, 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, Ravi Prakash, has already been enlarged on
bail by this Court vide order dated 7.9.2026 passed in Criminal Misc. Bail Application
No. 31333 of 2026 coupled with the fact that the applicant has no criminal history, this
Court prima facie is of the view that the applicant has made out a case for bail.
5. Accordingly, the bail application is allowed on the ground of parity. Let the
applicant- Phool Prakash, 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 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.
September 14, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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