Allahabad High Court
JITENDRA KUMAR PATELversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a co‑accused.
Summary
Jitendra Kumar Patel applied for bail in Criminal Misc. Bail Application No. 32895 of 2026, relating to Crime No. 362 of 2026 under Sections 318(2), 61(2) of the B.N.S. and Sections 8, 10, 11, 13(3), 13(5) of the Uttar Pradesh Public Examination Act, 2024. The court noted that a co‑accused, Ravi Prakash, had previously been granted bail in a similar case (Criminal Misc. Bail Application No. 31333 of 2026). Without delving into the merits, the court found a prima facie case for bail and applied the principle of parity. Consequently, the bail application was allowed subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the applicant during the pendency of trial under the specified provisions of the Uttar Pradesh Public Examination Act, 2024 and B.N.S.
- Whether the principle of parity with a co‑accused previously released on bail warrants granting bail in the present case
Legislation cited
- B.N.S. — s. 318(2), 61(2)
- Uttar Pradesh Public Examination Act, 2024 — s. 10, 11, 13(3), 13(5), 8
Subjects
- bail
- parity principle
- criminal procedure
- Uttar Pradesh Public Examination Act
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32895 of 2026
Jitendra Kumar Patel
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Kuldeep Johri
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.11 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Babita Saxena, Advocate holding brief of Sri Kuldeep Johri, learned
counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No.362 of 2026, under Sections 318(2), 61(2)
B.N.S. and 8/10/11/13(3), 13(5) Uttar Pradesh Public Examination Act, 2024, Police
Station Naini, District Prayagraj, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Ravi Prakash has already been enlarged on bail by
this Court vide order dated 07.09.2026 passed in Criminal Misc. Bail Application
No.31333 of 2026, and without expressing any opinion on the merits of the case,
prima facie the Court is of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed on the ground of parity.
5. Let the applicant- Jitendra Kumar Patel, be released on bail in the aforementioned
case crime 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.
(Krishan Pahal,J.)
September 16, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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