Himanshu Chaudhary Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

Himanshu Chaudhary Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Bail granted on the ground of parity; applicant Himanshu Chaudhary to be released on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with conditions not to tamper with evidence or intimidate witnesses and to appear before the trial court as required; breach entails cancellation of bail.

Issue for consideration

Whether the applicant Himanshu Chaudhary, in custody since 17.11.2025 in Case Crime No. 330 of 2025 under Section 103(1) B.N.S., is entitled to bail on parity with co-accused Anku @ Ankush Kumar, who has already been granted bail, the applicant having an identical role and no criminal history.

Court's answer

Considering the facts and circumstances and in light of Nanha (1993 Crl.L.J. 938), Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil ((2022) 10 SCC 51), the applicant has made out a case for bail; the bail application is allowed 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 court concerned, subject to verification of sureties, on conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required; breach of any condition shall entail cancellation of bail, and the observations shall not affect the trial on merits.

Detailed headnote1 paragraphs

Bail — Section 103(1) B.N.S. — Case Crime No. 330 of 2025, P.S. Bhagatpur, District Moradabad — applicant in jail since 17.11.2025, identical role to co-accused and no criminal history — co-accused Anku @ Ankush Kumar already granted bail by this Court vide order dated 17.02.2026 in Criminal Misc. Bail Application No. 5826 of 2026, parity not disputed by the State — relying on Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938, Paras Ram Vishnoi vs. The Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil vs. CBI, (2022) 10 SCC 51 — bail application allowed on the ground of parity — release on personal bond and two sureties with conditions against tampering with evidence or intimidating witnesses and appearance before the trial court; breach to entail cancellation; observations not to affect trial on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 9347 of 2026

Himanshu Chaudhary

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Jai Shanker Malviya, Rajendra Prasad
Counsel for Opposite Party(s)	: G.A.

Court No. - 66

(Sr. No.13 out of 116)

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Jai Shanker Malviya, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.330 of 2025, under Section 103(1) B.N.S., Police Station Bhagatpur, District Moradabad, during the pendency of trial.

Learned counsel submits that similarly placed co-accused, Anku @ Ankush Kumar, has been granted bail by this Court vide order dated 17.02.2026 in Criminal Misc. Bail Application No.5826 of 2026, hence, the applicant, having an identical role and no criminal history, is entitled to bail on parity. He is in jail since 17.11.2025 and will not misuse the liberty of bail.

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.

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,

BAIL No. 9347 of 2026

2

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.

Let the applicant- Himanshu Chaudhary , 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.

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