Allahabad High Court
RUPESH RAIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted on the ground of parity with a similarly situated co-accused.
Summary
Rupesh Rai was charged under multiple provisions of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act in Crime No. 149 of 2026. He applied for bail during the pendency of trial, submitting a supplementary affidavit. The Court examined the facts, the submissions of counsel, and noted that a co-accused, Subhash, had already been granted bail in a similar case, establishing parity. Considering the applicant's criminal history and the principle of equal treatment, the Court found that he had made out a case for bail. Accordingly, bail was granted on the condition of a personal bond, two sureties, and compliance with standard bail conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether bail should be granted to the accused under Sections 191(2), 191(3), 190, 109, 115(2), 351(2), 352, 324(5), 61(2) of the IPC and Section 7 of the Criminal Law Amendment Act, considering the principle of parity with a co-accused.
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 109, 115(2), 190, 191(2), 191(3), 324(5), 351(2), 352, 61(2)
Subjects
- bail
- parity
- Indian Penal Code
- Criminal Law Amendment Act
- criminal procedure
- sureties
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33203 of 2026
Rupesh Rai
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Irshad Ahmad, Umar Khalid
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.22 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the
applicant is taken on record.
2. Heard Sri Irshad Ahmad, learned counsel for the applicant, Sri Arun Kumar Mishra,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.149 of 2026, under Sections 191(2), 191(3),
190, 109, 115(2), 351(2), 352, 324(5), 61(2) BNS and Section 7 Criminal Law
Amendment Act, Police Station Phase-3, District Gautam Buddh Nagar, 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, Subhash, has already been granted bail by the Co-ordinate Bench of this
Court vide order dated 9.6.2026 in Criminal Misc. Bail Application No.17956 of
2026, coupled with the fact that criminal history assigned to the applicant stands
explained, 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- Rupesh Rai, 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
Checking your session…