Allahabad High Court
ABHAY RAIKWARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with a similarly situated co‑accused.
Summary
The applicant, Abhay Raikwar, was arrested in connection with a case (Crime No.16 of 2026) involving offences under several sections of the Indian Penal Code. He sought bail during the pendency of trial, arguing that a co‑accused, Rahul Gupta, with an identical role and no prior record, had already been released on bail, establishing a parity principle. The State opposed the bail but did not contest the factual similarity between the accused. The Court, relying on its own precedent (Nanha S/o Nabhan Kha vs. State of U.P.) and Supreme Court decisions (Paras Ram Vishnoi and Satender Kumar Antil), held that the applicant had satisfied the criteria for bail. Consequently, the bail application was allowed on the condition of a personal bond, two sureties, and compliance with standard bail conditions. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether the applicant is entitled to bail on the ground of parity with a co‑accused who was previously released.
- Whether the nature of the offences and the applicant's lack of criminal history justify bail during trial.
Legislation cited
- Indian Penal Code — s. 103(1), 109(1), 115(2), 190, 191(2), 191(3), 352
Subjects
- bail
- parity principle
- Indian Penal Code
- criminal procedure
- surety
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9345 of 2026
Abhay Raikwar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dev Prakash Sharma, Priyanka Devi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sr. No.12 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Priyanka Devi, learned counsel for the applicant, Sri Rajveer
Chaurasia, learned counsel for the informant, 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.16 of 2026, under Sections 103(1),
191(2), 191(3), 190, 109(1), 115(2), 352 B.N.S., Police Station Ajnar,
District Mahoba, during the pendency of trial.
4. Learned counsel submits that similarly placed co-accused, Rahul Gupta @
Kallu, has been granted bail by this Court vide order dated 11.03.2026 in
Criminal Misc. Bail Application No.8084 of 2026, hence, the applicant,
having an identical role and no criminal history, is entitled to bail on parity.
He is in jail since 22.01.2026 and will not misuse the liberty of bail.
5. The prayer for bail has been vehemently opposed by learned counsel for
the informant and learned A.G.A. However, the aforesaid factual aspect of
the parity to the co-accused has not been disputed by them.
6. 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
BAIL No. 9345 of 2026
2
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.
7. Let the applicant- Abhay Raikwar, 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.
8. 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
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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