Created by Fuzzy Cloud

Allahabad High Court

LALTA PRASAD @ GUDDUversusSTATE OF U.P.

Decided

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.