Allahabad High Court
JAI SINGH PATELversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on the basis of parity with a co‑accused already released on bail, the applicant was entitled to bail.
Summary
Jai Singh Patel applied for bail in a criminal case (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 applicant argued that a co‑accused, Ravi Prakash, had already been released on bail in a similar case, and therefore parity warranted his release. The court, after hearing counsel for both sides, noted the earlier bail order and, without delving into the merits, found a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and 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 the applicant is entitled to bail during the pendency of trial under the applicable statutory provisions.
- Whether the principle of parity with a co‑accused already released on bail justifies granting bail to the applicant.
- Whether the conditions imposed are sufficient to safeguard the trial process.
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
- Uttar Pradesh Public Examination Act
- criminal procedure
- sureties
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32939 of 2026
Jai Singh 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.26 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 Rajendra Prasad Singh, learned State Law Officer 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- Jai Singh 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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