Allahabad High Court
AMITversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with co‑accused.
Summary
The applicant, Amit, filed a bail application in a criminal case (Crime No.306 of 2026) involving multiple IPC offences and a provision of the Criminal Law Amendment Act. The High Court examined the facts, the applicant’s clean record, and the fact that co‑accused Rambabu @ Pappu and Abhishek had already been granted bail in a similar proceeding. Counsel for the applicant argued that parity with the co‑accused warranted bail, while the State opposed on grounds of the seriousness of the charges. The Court held that the applicant had made out a case for bail, emphasizing the principle of parity and the absence of any criminal history. Consequently, the Court ordered the release of Amit on bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused under Sections 191(2), 190, 221, 132, 121(1), 109, 115(2), 351(2), 352 of the IPC and Section 7 of the Criminal Law Amendment Act.
- Whether the principle of parity with co‑accused who were granted bail applies in the present case.
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 109, 115, 121, 132, 190, 191, 221, 351, 352
Subjects
- bail
- parity
- Indian Penal Code
- Criminal Law Amendment Act
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33824 of 2026
Amit
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Shailendra Kumar Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.7 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicant, Sri Ram
Mohit Yadav, 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 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, Rambabu @ Pappu and Abhishek, have already been granted bail by this
Court vide order dated 16.9.2026 in Criminal Misc. Bail Application No.33061 of
2026, coupled with the fact that applicant has no criminal history, the Court is of the
view that the applicants have made out a case for bail. The bail application is allowed
on the ground of parity.
5. Let the applicant- Amit, 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 23, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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