Allahabad High Court
LALTA PRASAD @ GUDDUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to Lalta Prasad @ Guddu on the ground of parity with the co‑accused.
Summary
Lalta Prasad @ Guddu applied for bail in a case registered under Sections 4, 8, 13(1), 13(2) and 13(5) of the Public Examination Act. The High Court examined the facts, the evidence, and the submissions of counsel, noting that a co‑accused, Deepak Patel, had already been released on bail in a similar case. The court also considered the applicant’s criminal history, which it found to be explained. Finding a prima facie case for bail and applying the principle of parity with the co‑accused, the court ordered the applicant’s release on a personal bond and two sureties, subject to conditions not to tamper with evidence, intimidate witnesses, and to appear as required. The order 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 Public Examination Act considering the nature of the offences and the applicant’s criminal history
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail in the present case
Legislation cited
- Public Examination Act — s. 13(1), 13(2), 13(5), 4, 8
Subjects
- bail
- Public Examination Act
- parity
- co-accused
- criminal history
- sureties
- conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32501 of 2026
Lalta Prasad @ Guddu
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Abou Sofian Usmani
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 21 out of 98)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Abou Sofian Usmani, learned counsel for the applicant and Sri Rajendra
Prasad Singh, learned State Law Officer and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 170 of 2026, under Sections 4, 8, 13(1),
13(2), 13(5) of Public Examination Act, Police Station - Kotwali, District - Varanasi,
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, Deepak Patel, has already been enlarged on
bail by this Court vide order dated 17.8.2026 passed in Criminal Misc. Bail
Application No. 28739 of 2026 coupled with the fact that criminal history assigned to
the applicant stands explained, 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- Lalta Prasad @ Guddu, 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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