Allahabad High Court
SAURABHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a co-accused and lack of prior criminal history.
Summary
The applicant, Saurabh, was charged under several provisions of the Excise Act and the BNS in a criminal case pending trial. He applied for bail, arguing lack of criminal history and citing that a co-accused, Satya Prakash, had already been granted bail by a coordinate bench. The court examined the facts, the evidence, and the submissions of counsel, and noted the principle of parity with the co-accused. Finding that the applicant had made out a case for bail, the court ordered his release on personal bond and two sureties, subject to standard conditions. The bail was granted with a warning that any breach would lead to cancellation, and the order does not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 60(1), 60(A), 62, 72 of the Excise Act and Sections 274, 318(4), 338, 336(3), 340(2) of the BNS during the pendency of trial.
Legislation cited
- BNS — s. 274, 318(4), 336(3), 338, 340(2)
- Excise Act — s. 60(1), 60(A), 62, 72
Subjects
- bail
- Excise Act
- BNS
- criminal procedure
- parity
- co-accused
- no criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32528 of 2026
Saurabh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Anil Kumar Mishra, Mahesh Kumar Kuntal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 33 out of 98)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mahesh Kumar Kuntal, learned counsel for the applicant and Sri V.K.S.
Parmar, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 16 of 2026, under Sections 60(1), 60(A),
62, 72 of Excise Act and 274, 318(4), 338, 336(3), 340(2) of BNS, Police Station -
Kagaraul, District - Agra, 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, Satya Prakash, has already been enlarged on
bail by coordinate Bench of this Court vide order dated 6.4.2026 passed in Criminal
Misc. Bail Application No. 9786 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- Saurabh, 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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