Allahabad High Court
NAKUL YADAV @ ADITYAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail must be granted to the applicant on the ground of parity with the co‑accused.
Summary
The applicant, Nakul Yadav @ Aditya, sought bail in a criminal case (Crime No. 556 of 2025) involving offences under Sections 109(1), 103(1), 61(2) and 3(5) of the Indian Penal Code. He argued that a co‑accused, Monu Pal @ Rohit, with an identical role had already been released on bail, and therefore parity required his own release. The State opposed the bail but did not dispute the factual parity. The Court referred to Supreme Court precedents that pendency of other cases does not bar bail and considered the applicant’s lack of prior criminal history and assurances not to tamper with evidence. Relying on earlier judgments of this Court and the Supreme Court, the bench held that the applicant had made out a case for bail and granted it on the ground of parity, subject to a personal bond, two sureties and standard conditions.
Issues considered
- Whether bail should be granted to the applicant during the pendency of trial on the ground of parity with a co‑accused who was released on bail.
- Whether the existence of multiple pending criminal cases against the applicant is a valid ground to refuse bail.
- Whether the applicant’s role being identical to that of the co‑accused warrants the same bail treatment.
Legislation cited
- Indian Penal Code — s. 103(1), 109(1), 3(5), 61(2)
Subjects
- bail
- parity
- pendency of trial
- Indian Penal Code
- criminal procedure
- sureties
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8171 of 2026
Nakul Yadav @ Aditya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rupendra Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rupendra Kumar Mishra, learned counsel for the applicant, Sri
Sunil Kumar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.556 of 2025, under Sections
109(1), 103(1), 61(2), 3(5) BNS, Police Station Katghar, District
Moradabad, during the pendency of trial.
4. Learned counsel submits that similarly placed co-accused, Monu Pal @
Rohit, has been granted bail by this Court vide order dated 4.2.2026 in
Criminal Misc. Bail Application No.1512 of 2026, hence, the applicant,
having an identical role is entitled to bail on the ground of parity. The
criminal history assigned to the applicant has been explained. He is in jail
since 8.10.2025 and will not misuse the liberty of bail.
5. The prayer for bail has been vehemently opposed by learned A.G.A.
However, the aforesaid factual aspect of the parity to the co-accused has not
been disputed by him.
6. The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another,
2020 (11) SCC 648 has observed that pendency of several criminal cases
against an accused itself cannot be a basis for refusal of bail, if otherwise his
case of bail is made out.
BAIL No. 8171 of 2026
2
7. Considering the facts and circumstances of the case and in light of the
judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of
U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation,
MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central
Bureau of Investigation and Another, (2022) 10 SCC 51, the Court is of the
view that the applicant has made out a case for bail. The bail application is
allowed on the ground of parity.
8. Let the applicant- Nakul Yadav @ Aditya, 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.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
March 19, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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