Abhishek Bhatnagar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Abhishek Bhatnagar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed on the ground of parity; applicant to be released on bail on furnishing a personal bond and two sureties, subject to conditions (no tampering with evidence; personal presence before the trial court on dates fixed for commencement of trial, framing of charges and s.313 Cr.P.C./s.351 BNSS statement), with liberty to the State to seek cancellation on breach, and verification of identity, status and residence of applicant and sureties by the trial court before acceptance of sureties.

Issue for consideration

Whether the applicant is entitled to be released on bail on the ground of parity with his co-accused, who has already been released on bail by the same Court.

Court's answer

Applying the principles laid down in the cited decisions, and without expressing any opinion on the facts, circumstances and merits/demerits of the case, the Court is of the view that the applicant is entitled to bail on the ground of parity.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties to the satisfaction of the trial court, pending conclusion of trial, subject to conditions including that he shall not tamper with the evidence and shall personally remain present before the trial court on dates fixed for commencement of trial, framing of charges, and recording of statement under Section 313 Cr.P.C./Section 351 BNSS.

Key takeaways

In case of violation of any of the above conditions, the State will be entitled to seek cancellation of the bail.ratio¶8
Before acceptance of the sureties, the identity, status and residence of the applicant and the sureties shall be verified by the trial court concerned.ratio¶8

Detailed headnote1 paragraphs

Bail — parity with co-accused — applicant, in custody since 05.10.2024 in FIR No. 155 of 2024, P.S. Kotwali, District Moradabad, under Sections 309(4), 317(2), 111(1), Bharatiya Nyaya Sanhita, 2023, sought bail; his co-accused had already been released on bail by the same Court on 06.12.2024 in Criminal Misc. Bail Application No. 43013 of 2024; the State opposed bail but did not point out any factual distinction between the applicant and the co-accused; applying the principles laid down in the precedents cited (including 1993 CriLJ 938, MANU/SCOR/22410/2021 and 2022 INSC 690) and expressly without expressing any opinion on the facts, circumstances and merits of the case, the Court held the applicant entitled to bail on the ground of parity and allowed the bail application; release ordered on furnishing a personal bond and two sureties, subject to conditions of non-tampering with evidence and personal presence before the trial court on dates fixed for commencement of trial, framing of charges and recording of statement under Section 313 Cr.P.C./Section 351 BNSS; violation of conditions entitles the State to seek cancellation; identity, status and residence of the applicant and sureties to be verified by the trial court before acceptance of sureties. (Krishan Pahal, J.; order dated 8.1.2025; Neutral Citation 2025:AHC:4127)