Allahabad High Court
KARTIKversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to Kartik on the ground of parity with the co‑accused and lack of criminal history.
Summary
Kartik applied for bail in a criminal case (Crime No. 523 of 2026) involving alleged violations of Sections 8 and 21 of the NDPS Act, Section 109(1) of the BNS Act, and Sections 3, 4 and 25 of the Arms Act. The High Court noted that a co‑accused, Gaurav, had already been released on bail in a similar case and that Kartik had no prior criminal record. Considering the evidence, the submissions of counsel, and the principle of parity with the co‑accused, the Court found that Kartik 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. The order emphasized that any breach would lead to cancellation of bail and that the trial on merits would continue unaffected.
Issues considered
- Whether bail should be granted to the accused Kartik under the NDPS Act, BNS Act and Arms Act charges.
- Whether the grant of bail to a co‑accused (Gaurav) creates a parity ground for granting bail to Kartik.
Legislation cited
- Arms Act — s. 25, 3, 4
- BNS Act — s. 109(1)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 8
Subjects
- bail
- NDPS Act
- Arms Act
- parity
- co‑accused
- criminal history
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34111 of 2026
Kartik
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Sanjay Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 16 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant and Sri Anit
Kumar Shukla, learned A.G.A. for the State and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 523 of 2026, under Sections 8/21 of NDPS
Act, 109(1) of BNS and 3/4/25 of Arms Act, Police Station - Deoband, District -
Saharanpur, 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, Gaurav, has already been enlarged on bail by
this Court vide order dated 1.9.2026 passed in Criminal Misc. Bail Application No.
29401 of 2026 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- Kartik, 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 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 24, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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