Ramesh Chandra vs State Of U.P. Thru. Secy. Home Lko.
- Neutral2026:AHC-LKO:33079
Ratio decidendi
The rule this decision rests on
Where an accused person has been in custody for a substantial period, has no previous criminal history, and a co-accused in the same case has already been granted bail, the court may enlarge the accused on bail on the ground of parity, without expressing any opinion on the merits of the case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record.
This is first bail application filed on behalf of the applicant who is involved in Case Crime No. 207/2017, under Sections 419, 420, 467, 468, 471 IPC, P.S.- Reusa, District- Sitapur.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the role assigned to him is merely that of a marginal witness of the alleged sale deed. Being a non-beneficiary of the said sale deed, the applicant has no role to play in the alleged forgery.
It is further submitted that similarly placed co-accused Ram Chandra has already been granted bail by a coordinate bench of this Court vide order dated 16.1.2026 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 7 of 2026. Hence, the present applicant claims parity.
It is further submitted that the applicant has no previous criminal history and he is in jail since 15.12.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the prosecution witnesses. He undertakes that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is in jail since 15.12.2025 having no previous criminal history; co-accused Ram Chandra has already been granted bail and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail on the ground of parity.
Accordingly, the bail application is allowed.
Let the applicant- Ramesh Chandra involved in the aforesaid case crime number be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.
Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
(Rajeev Bharti,J.)
May 7, 2026
Shravan
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