Allahabad High Court
ASHISH AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to Ashish and Ajay on personal bond and two sureties, subject to standard conditions.
Summary
Ashish and Ajay applied for bail in Criminal Case No. 306 of 2026, which involved offences under several sections of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act. The applicants argued that bail could not be granted in other pending cases concerning the same alleged offence. The court noted that co‑accused Rambabu @ Pappu and Abhishek had already been released on bail in a similar matter (Criminal Misc. Bail Application No. 33061 of 2026). Considering the facts, the criminal history of the applicants, and the principle of parity with the co‑accused, the court found that the applicants had made out a case for bail. Accordingly, the court granted bail 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 applicants in the pending trial despite multiple cases filed for the same offence
- Whether the grant of bail to co‑accused in a similar case creates a parity obligation to grant bail to the applicants
Legislation cited
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 109, 115(2), 121(1), 132, 190, 191(2), 221, 351(2), 352
Subjects
- bail
- parity
- co‑accused
- Indian Penal Code
- Criminal Law Amendment Act
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33826 of 2026
Ashish And Another
.....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.8 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. Applicants seek 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. Learned counsel for the applicants has stated that in all three cases were
instituted against the applicants regarding the same offence, as such, they
could not apply for bail in other cases.
5. 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 criminal
history assigned to the applicants stands explained, 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.
6. Let the applicants- Ashish and Ajay, be released on bail in the
aforementioned case crime on furnishing a personal bond and two sureties to
BAIL No. 33826 of 2026
2
the satisfaction of the court concerned, subject to verification of sureties,
with the conditions that they shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
7. 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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