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2026 DAILYLAW 294 (ALL)

NAKUL YADAV @ ADITYA v. STATE OF U.P.

BAIL/8171/2026 · 2026-03-18

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8171 of 2026 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. Versus Counsel for Applicant(s) : Rupendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Nakul Yadav @ Aditya .....Applicant(s) State of U.P. .....Opposite Party(s) 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. March 19, 2026 Vikas Verma BAIL No. 8171 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad