Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9347 of 2026 Court No. - 66 (Sr. No.13 out of 116) HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. 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.
3. 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.
4. 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.
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. 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, Versus Counsel for Applicant(s) : Jai Shanker Malviya, Rajendra Prasad Counsel for Opposite Party(s) : G.A.
Himanshu Chaudhary .....Applicant(s) State of U.P. .....Opposite Party(s)
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.
7. 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.
8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. March 19, 2026 (Ravi Kant) BAIL No. 9347 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad