Allahabad High Court
KULDEEP RAJPUTversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant is entitled to bail, subject to bond, sureties and standard conditions.
Summary
Kuldeep Rajput applied for bail in a criminal case (Crime No.117 of 2026) involving offences under Sections 191(2), 191(3), 288 of the Indian Penal Code, Section 7 of the Criminal Law (Amendment) Act, 1932 and Sections 4 and 5 of the Explosive Substances Act. The High Court noted that a co‑accused, Shubh Vishwakarma, had already been released on bail in a similar case, and that the applicant had no prior criminal record. Without expressing any view on the merits of the charges, the Court held that the applicant had made out a prima facie case for bail on the ground of parity. Accordingly, 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 of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to an accused charged under Sections 191(2), 191(3), 288 IPC, Section 7 Criminal Law (Amendment) Act, 1932 and Sections 4/5 Explosive Substances 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
- Criminal Law Amendment Act, 1932 — s. 7
- Explosive Substances Act — s. 4, 5
- Indian Penal Code — s. 191(2), 191(3), 288
Subjects
- bail
- parity
- Indian Penal Code
- Explosive Substances Act
- Criminal Law Amendment Act 1932
- criminal procedure
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32901 of 2026
Kuldeep Rajput
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Aditya Singh, Prashant Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.12 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Prashant Mishra, 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.117 of 2026, under Sections 191(2), 191(3),
288 B.N.S., Section 7 Criminal Law (Amendment) Act, 1932 and Section 4/5 of
Explosive Substances Act, Police Station Shivkuti, Commissionerate Prayagraj,
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 Shubh Vishwakarma has already been enlarged on
bail by this Court vide order dated 02.09.2026 passed in Criminal Misc. Bail
Application No.30766 of 2026, and that the applicant has no criminal antecedents, 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- Kuldeep Rajput, 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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