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2026 DAILYLAW 3833 (ALL)

SHAILENDRA KUMAR SAHNI v. STATE OF U.P. AND 3 OTHERS

BAIL/13940/2026 · 2026-05-05

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13940 of 2026 Court No. - 65 (Sr. No.78 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 24.04.2026. 2. Heard Sri Karunesh Pratap Singh, 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.10 of 2026, under Sections 142, 70(2), 61(2), 123 BNS and Section 5G/6 POCSO Act, 2012, Police Station Gorakhnath, District Gorakhpur, during the pendency of trial. 4. Learned counsel submits that similarly placed co-accused, Anurag Rai, has been granted bail by this Court vide order dated 17.04.2026 in Criminal Misc. Bail Application No.12848 of 2026, hence, the applicant, having an identical role and no criminal history, is entitled to bail on parity. He is in jail since 17.02.2026 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. After hearing learned counsel for the parties and taking into consideration that the similarly placed co-accused has been enlarged on bail, 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. Versus Counsel for Applicant(s) : Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A. Shailendra Kumar Sahni .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. Let the applicant- Shailendra Kumar Sahni, 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. May 6, 2026 (Ravi Kant) BAIL No. 13940 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad