Allahabad High Court
AKSHAY CHAUDHARYversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant is entitled to bail on the ground of parity with the co‑accused who was previously released.
Summary
Akshay Chaudhary applied for bail in a criminal case involving multiple offences under the IPC, the Banking and Negotiable Instruments Act and the Income Tax Act. He argued that a co‑accused, Ashwani Jadaun, with an identical role and no prior record had been granted bail, and therefore parity demanded the same relief. The State opposed bail, contending that the applicant’s case differed because the investigation was ongoing, the alleged loss exceeded Rs 72 lakhs and the exact amount was not yet quantified. The Court examined the submissions and noted the precedent of bail being granted to the similarly situated co‑accused. Finding no material distinction, the Court allowed the bail application on the ground of parity, subject to a personal bond, two sureties and standard conditions. 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 on the basis of parity with a similarly situated co‑accused who has already been released on bail
- Whether the pending investigation and alleged loss of Rs 72 lakhs justify denial of bail
Legislation cited
- Banking and Negotiable Instruments Act — s. 61(2)
- Income Tax Act — s. 66(c)
- Indian Penal Code — s. 238, 316(5), 318(4), 336(3), 338, 340(2)
Subjects
- bail
- parity
- co‑accused
- IPC
- Banking and Negotiable Instruments Act
- Income Tax Act
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33393 of 2026
Akshay Chaudhary
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhiraj Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.4 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Durgesh Kumar Singh, learned Senior Counsel assisted by Sri
Neeraj Srivastava, learned counsel for the applicant, Sri Vinay Shara,
learned Senior Counsel assisted by Sri Hariom Kamal Singh, learned
counsel for the informant, 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.221 of 2026, under Sections
318(4), 316(5), 338, 336(3), 340(2), 238, 61(2) B.N.S. and 66(c) of I.T. Act,
Police Station Sihanigate, District Ghaziabad, during the pendency of trial.
4. Learned Senior Counsel submits that similarly placed co-accused,
Ashwani Jadaun, has been granted bail by this Court vide order dated
11.09.2026 in Criminal Misc. Bail Application No.32384 of 2026, hence, the
applicant, having an identical role and no criminal history, is entitled to bail
on parity. He is in jail since 05.07.2026 and will not misuse the liberty of
bail.
5. Per contra, learned Senior Counsel for the informant and learned State
Law Officer have vehemently opposed the bail application on the ground
that the case of the applicant stands on a different footing from that of the
co-accused who has been enlarged on bail. Even in the bail order of co-
accused Ashwani Jadaun, the fact that there were several inter se
BAIL No. 33393 of 2026
2
transactions between the accused persons could not be mentioned. It has also
come up in the statements of several customers that they had handed over
money to the applicant as well as the co-accused persons in cash, through
cheques, and via UPI. Thus, they have caused a loss of more than Rs.72
lakhs. The investigation is still ongoing, and the exact amount of the loss has
not yet been quantified;, as such, the applicant is not entitled to bail.
6. After hearing learned counsel for the parties and taking into consideration
that the similarly placed co-accused has been enlarged on bail, 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.
7. Let the applicant- Akshay Chaudhary, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 21, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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