Allahabad High Court

RAJU SHAH @ LAHEEKversusSTATE OF U.P.

Decided: 22 September 2026
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 the co-accused, and the period of custody.

Summary

The applicant, Raju Shah, was arrested in connection with a case (Crime No. 141 of 2026) under IPC sections 309(6) and 317(2) and has been in custody since August 5, 2026. He contended that he was falsely implicated, was not named in the FIR, and that the only items recovered from him belonged to him. The applicant's counsel argued that a co-accused had already been granted bail and that parity warranted the same relief, and that the applicant would not misuse bail. The State opposed bail but could not refute the applicant's factual submissions. The court, after considering the nature of the allegations, the period of custody, and the principle of parity, concluded that the case was fit for bail without expressing an opinion on the merits. Accordingly, the court ordered the release of the applicant on bail subject to standard conditions.

Issues considered

Whether the applicant is entitled to bail despite the seriousness of the charges under IPC sections 309(6) and 317(2)
Whether the principle of parity with a co-accused who was granted bail applies
Whether the period of custody and nature of the offence preclude the grant of bail

Legislation cited

Indian Penal Code — s. 309(6), 317(2)

Subjects

bail
IPC 309
IPC 317
parity
false implication
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33890 of 2026

Raju Shah @ Laheek
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Phool Singh Yadav, Vaibhav Yadav
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 applicant is involved in Case Crime No. 141 of 2026 under
Sections -309(6), 317(2) BNS Police Station Raniya District Kanpur
Dehat.

3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is next submitted
that the applicant is not named in the FIR and his name came into the
light during the course of investigation. It is further submitted that
Rs.46,000/-, and one mobile have been recovered from the possession of
the applicant, which belongs to the applicant. It is also submitted that
applicant is having no concern with the allegations levelled against him
and he has not committed any offence as alleged by prosecution. There is
criminal history of one case, which has been explained in supplementary
affidavit. It is next submitted that the co-accused Aas Mohammad @
Aalu has already been granted bail by this Court vide order dated
16.09.2026 passed in Criminal Misc. Bail Application No.32955 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 05.08.2026.
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.
BAIL No. 33890 of 2026
2

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 -Raju Shah @ Laheek, 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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