Allahabad High Court
SANJU JAISWARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity and lack of prior criminal history.
Summary
Sanju Jaiswar applied for bail in a criminal case (Crime No. 0031 of 2023) where he is charged under IPC sections 363, 364A, 302 and 201. His first bail application was rejected on 8 July 2025. In the second application, the court noted that a co‑accused, Vikas Singh Patel, had already been released on bail by a coordinate bench, and that the applicant has no prior criminal record. Considering the parity with the co‑accused and the lack of a criminal history, the court found that the applicant made out a case for bail. The court therefore 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. The order also warned that any breach would lead to cancellation of bail, without affecting the trial on merits.
Issues considered
- Whether the applicant, Sanju Jaiswar, is entitled to bail despite the serious nature of the charges under sections 363, 364A, 302 and 201 IPC.
- Whether the grant of bail to a co‑accused (Vikas Singh Patel) creates a parity ground for granting bail to the applicant.
Legislation cited
- Indian Penal Code — s. 201, 302, 363, 364A
Subjects
- bail
- IPC
- murder
- theft
- criminal procedure
- parity
- surety
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34040 of 2026
Sanju Jaiswar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghvendra Prakash, Sr. Advocate
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 75 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. This is the second bail application. First bail
application was rejected by this Court vide order dated 8.7.2025 passed in
C.M.B.A. No. 50448 of 2023.
2. Heard Sri Gaurav Kakkar, learned Senior Counsel assisted by
Sri Raghvendra Prakash, learned counsel for the applicant and Sri V.K.S.
Parmar, learned A.G.A. for the State and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 0031 of 2023, under Sections 363,
364A, 302, 201 of IPC, Police Station - Ghoorpur, District - Prayagraj,
during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration that similarly placed co-accused person, Vikas Singh Patel,
has already been enlarged on bail by coordinate Bench of this Court vide
order dated 31.07.2026 passed in Criminal Misc. Bail Application No. 49574
of 2023 coupled with the fact that the applicant has no criminal history, this
Court prima facie is of the view that the applicant has made out a case for
bail.
5. Accordingly, the bail application is allowed on the ground of parity. Let
the applicant- Sanju Jaiswar, be released on bail 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
BAIL No. 34040 of 2026
2
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.
September 23, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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