Allahabad High Court
JAGDISHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted on the ground of parity with a co‑accused who had previously been released on bail.
Summary
Jagdish was charged under several sections of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act for offences alleged to have occurred at Kotwali Tirwa, Kannauj. He applied for bail during the pendency of the trial. The court examined the facts, the submissions of counsel, and noted that a co‑accused, Deepak, had already been granted bail in a similar case. Relying on the principle of parity, the court found that Jagdish had made out a case for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. 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 accused despite the seriousness of the charges under multiple IPC sections and the Criminal Law Amendment Act
- Whether the grant of bail to a co‑accused in a similar case creates a parity ground for granting bail to the applicant
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 109, 115, 121, 132, 190, 191, 221, 351, 352
Subjects
- bail
- criminal procedure
- parity
- Indian Penal Code
- Criminal Law Amendment Act
- witness tampering
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33194 of 2026
Jagdish
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Fakhruzzaman, Mohd Ubaid Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.18 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohd. Ubaid Khan, learned counsel for the applicant, Sri Deepak Kumar
Singh, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.306 of 2026, under Sections 191(2), 190,
221, 132, 121(1), 109, 115(2), 351(2), 352 BNS and Section 7 Criminal Law
Amendment Act, Police Station Kotwali Tirwa, District Kannauj, during the pendency
of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsels for the parties, and taking into consideration that similarly placed co-
accused, Deepak, has already been granted bail by this Court vide order dated
15.6.2026 in Criminal Misc. Bail Application No.32820 of 2026, the Court is of the
view that the applicant has made out a case for bail. The bail application is allowed on
the ground of parity.
5. Let the applicant- Jagdish, 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 17, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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