Allahabad High Court
SARVESH KUMARversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that the applicant is entitled to bail as the case is fit for bail considering the facts, parity with co‑accused, and lack of merit assessment.
Summary
The High Court considered a bail application filed by Sarvesh Kumar, who was arrested in connection with a case under Sections 191(2), 115(2), 352, 351(3), 109(1) and 333 of the Indian Penal Code. The applicant claimed innocence, alleged false implication, and pointed to the bail already granted to co‑accused in identical circumstances, invoking parity. The State opposed bail but did not refute the applicant’s contentions. After weighing the nature of the allegations, the period of custody, and the gravity of the offences, the Court, without expressing a view on the merits, found the case fit for bail. Accordingly, the Court ordered the release of the applicant on personal bond and two sureties, subject to standard bail conditions. The order also empowered the trial court to cancel bail upon breach of conditions.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences alleged under the IPC.
- Whether parity with co‑accused already released on bail warrants granting bail to the applicant.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 191(2), 333, 351(3), 352
Subjects
- bail
- criminal procedure
- IPC sections
- parity
- false implication
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33863 of 2026
Sarvesh Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Mishra, Saurabh Mishra
Counsel for Opposite Party(s) : Alkesh Singh, Ashutosh Shukla, G.A.,
Sanket Gupta
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.
2. The instant application has been filed seeking release of the applicant
on bail in Case Crime No. 23 of 2026, under Sections 191(2), 115(2), 352,
351(3), 109(1), 333 BNS, Police Station- Saifai, District- Etawah, during
pendency of the trial in the court below.
3.Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to village party bandi. It is next submitted that general allegations
have been made against the applicant. No specific role has been assigned
against the applicant. It is next submitted that applicant is having no
concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. It is next submitted that
as per opinion of the doctor, none of the injuries sustained to the injured is
dangerous to life. It is next submitted that the co-accused Prince, Atul
Kumar and Sunny have already been granted bail by this Court vide
orders dated 11.06.2026, 23.06.2026 and 05.08.2026 passed in Criminal
Misc. Bail Application Nos.16329 of 2026, 16506 of 2026 and 26119 of
2026. The applicant's case is identical to the co-accused and he is also
entitled to bail on the ground of parity. The applicant is in jail since
07.09.2025. Learned counsel for the applicant has further submitted that if
the applicant is released on bail, the applicant would not misuse liberty of
BAIL No. 33863 of 2026
2
bail and is ready to co-operate in the trial.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the
aforesaid fact as argued by learned counsel for the applicant.
5. Considering the submission of learned counsel for the parties, facts of
the case, nature of allegation and period of custody, gravity of offence,
without expressing any opinion on the merits of the case, the Court is of
the opinion that it is a fit case for bail. Hence, the bail application is
hereby allowed.
6. Let the applicant -Sarvesh Kumar involved in the aforesaid case be
released on bail on furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to
following conditions:
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
7. In case of breach of any of the above conditions, the court below shall
be at liberty to cancel the bail.
(Jai Prakash Tiwari,J.)
September 30, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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