Allahabad High Court

DEEPUversusSTATE OF U.P.

Decided: 22 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court allowed the bail application and ordered the applicant’s release on bond.

Summary

The applicant, Deepi, was arrested on 7 February 2026 in connection with a case registered under IPC sections 109(1), 115(2), 351(3) and 326(g) at Sajeti police station, Kanpur Nagar. He claimed that the FIR and charge sheet were filed with mala‑fide intent to harass him and his family, and that the injuries alleged were minor. The applicant’s counsel argued that the co‑accused, Seepu, had already been released on bail and that, on the basis of parity, the applicant should likewise be granted bail. The State opposed bail but did not refute the applicant’s contentions. The court, after considering the nature of the allegations, the lack of prior criminal history, the period of custody and the principle of parity, held that the case was suitable for bail without expressing a view on the merits. Accordingly, the court ordered the release of the applicant on personal bond and two sureties, subject to standard conditions.

Issues considered

Whether the applicant is entitled to bail in a case involving IPC sections 109, 115, 351 and 326(g).
Whether the grant of bail to a co‑accused creates a right of parity for the applicant.
Whether the nature of the alleged offences and the period of custody justify denial of bail.

Legislation cited

Indian Penal Code — s. 109(1), 115(2), 326(g), 351(3)

Subjects

bail
IPC sections 109,115,351,326(g)
parity of co‑accused
evidence tampering
intimidation of witness
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33873 of 2026

Deepu
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Hari Nath Chaubey
Counsel for Opposite Party(s) : G.A.

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 present bail application has been filed on behalf of the applicant in
Case Crime No.15 of 2026, under Sections-109(1), 115(2), 351(3),
326(g) B.N.S., Police Station-Sajeti, District Kanpur Nagar, with the
prayer to enlarge him on bail.

3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that present FIR has been lodged against the applicant as well entire
family members of the applicant only to harass him in society on the basis
of mala fide intention at local level. After investigation, charge sheet has
been filed. There is contradiction in the version of FIR and the statement
of the injured. The injuries are simple in nature. There is no criminal
history against the applicant. It is next submitted that the co-accused
Seepu has already been granted bail by this Court vide order dated
09.06.2026 passed in Criminal Misc. Bail Application No.17789 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 07.02.2026.
Learned counsel for the applicant has further submitted that if the
applicant is released on bail, the applicant would not misuse liberty of 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
BAIL No. 33873 of 2026
2

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 - Deepu 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 23, 2026
S.K.

Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad

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